People v. Rizo

Opinion

BROWN, J.

In 1994, California voters adopted Proposition 187 in an effort to address the problem of illegal immigration. Section 113 of the Penal Code 1 —one of the provisions of Proposition 187—provides that “[a]ny person who manufactures, distributes or sells false documents to conceal the true citizenship or resident alien status of another person is guilty of a felony, and shall be punished by imprisonment in the state prison for five years or by a fine of seventy-five thousand dollars ($75,000).” We now consider whether factual impossibility precludes conviction under the…