P. v Daman
A jury convicted defendant Donald Lee Daman of perjury by declaration (Pen. Code, § 118a -- count 1) and obtaining aid in an amount over $400 by misrepresentation (Welf. & Inst. Code, § 10980, former subd. (c)(2) -- count 2). Defendant was ordered to serve a “terminal sentence†of 180 days in county jail and pay fines, fees, and restitution.
On appeal, defendant contends both convictions must be reversed because the trial court prevented him from presenting the defense that he lacked the specific intent to defraud, which is an element of each offense. The People agree with defendant. We accept the People’s concession and reverse both convictions.
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