P. v. Zapata
A jury convicted defendant Jesus Damian Zapata of felony false impersonation (Pen. Code, § 529, subd. (a)(3);[1] formerly § 529, subd. 3, hereafter former section 529(3)), but found him not guilty of carrying a concealed weapon in a vehicle, and street terrorism. The trial court thereafter found true the allegations Zapata had 11 prior serious or violent felony convictions (§§ 667, subds. (d), (e)(2), 1170.12, subds. (b), (c)(2)(A)) and had served a prior prison term (§ 667.5, subd. (b)). It dismissed the allegations of two prior serious felonies (§ 667, subd. (a)(1)) and sentenced Zapata to an indeterminate term of 25 years to life, plus a one-year term under section 667.5, subdivision (b).
Zapata challenges the sufficiency of the evidence to support his false impersonation conviction. Alternatively, he contends the prosecution should have charged him with misdemeanor section 148.9, rather than former section 529(3), because it is a more specific st
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