C.A. 1st;
A147740

The First Appellate District affirmed in part a judgment and remanded. The court held that because the crime of felony identity theft involves specific conduct above and beyond that addressed in the misdemeanor statutes pertaining to false representation of identity to a peace officer, the Williamson rule did not apply to preclude the defendant's prosecution for the greater offense.

A police officer responded to a report of a stolen vehicle. He found David Webb getting out of the stolen car, which was parked. The officer detained Webb and asked his name. Webb refused to identify himself, but told the officer he had identification in his pocket. The officer retrieved a driver's license that did not depict Webb. When confronted about the license, Webb provided the officer his real name, which was not the name on the license. During Webb's subsequent booking search, the officer found several personal bank checks in Webb's possession belonging to other people. Webb was charged with identity theft and other crimes. He was tried before a jury and convicted.