Defendant is charged in two counts with violations of California Vehicle Code sections 14601.1(a) (driving on a suspended license) and 12500(a) (license not in possession). Each count also charges 18 U.S.C. § 13 (Assimilative Crimes Act). A bench trial was held on April 6, 2009. Richard Shoemaker-Moyle, Certified Law Student, represented the government. Chris Baudino, Certified Law Student, represented defendant, with the assistance of Misdemeanor Staff Attorney Michael Petrik from the Office of the Federal Defender. Following trial the matter was submitted pending resolution of the question addressed by this order.
California Vehicle Code section 14601.1 provides in relevant part:
(a) No person shall drive a motor vehicle when his or her driving privilege is suspended or revoked . . ., and when the person so driving has knowledge of the suspension or revocation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) Nothing in this section prohibits a person from driving a motor vehicle, which is owned or utilized by the person's employer, during the course of employment on private property which is owned or utilized by the employer, except an offstreet parking facility as defined in subdivision (c) of Section 12500.
Cal. Veh. Code § 14601.1.
Section 12500 provides in relevant part:
(a) A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver's license issued under this code, except those persons who are expressly exempted under this code.
(c) . . . .As used in this subdivision, "offstreet parking facility " means any offstreet parking held open for use by the public for parking vehicles and includes any publicly owned facilities for offstreet parking, and privately owned facilities for offstreet parking where no fee is charged for the privilege to park and which are held open for common public use of retail customers.
And, finally, the Assimilative Crimes Act (ACA), provides in part: Whoever within [a federal enclave] . . . is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State . . . in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment.
Defendant moved for a judgment of acquittal at the close of the evidence, arguing that the Tracy Defense Depot is private property utilized by defendant's employer; this motion, now briefed by the ...