Legal Opinion

People v. Allen

California Court of Appeal

Decided November 29, 1993No. B074134PublishedCited by 7 opinions

1Opinion of the Court

Opinion

KITCHING, J.

Defendant and appellant Ralph G. Allen (Allen) appeals the judgment entered following his conviction by jury of three counts of misdemeanor failure to file California personal income tax returns in violation of California Revenue and Taxation Code section 19401, subdivision (a).

We affirm based on our finding that willfulness is not an element of section 19401, subdivision (a) and that section 19401 is a public offense strict liability statute.

Factual and Procedural Background

On November 15, 1990, the city attorney filed a three-count complaint against Allen in the municipal…

2Cases cited23 opinions

  1. Morissette v. United StatesSupreme Court of the United States · 1952
  2. Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
  3. United States v. DotterweichSupreme Court of the United States · 1943
  4. United States v. FreedSupreme Court of the United States · 1971
  5. United States v. BalintSupreme Court of the United States · 1922

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3Cited by7 opinions

  1. People v. GreenCalifornia Court of Appeal · 1996
  2. People v. BlickCalifornia Court of Appeal · 2007
  3. People v. MojicaCalifornia Court of Appeal · 2006
  4. Association for Sensible Development at Northstar, Inc. v. Placer CountyCalifornia Court of Appeal · 2004
  5. City of Vacaville v. PitamberCalifornia Court of Appeal · 2004

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