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The People v. Gurparminder Singh Sandhu

January 10, 2013

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
GURPARMINDER SINGH SANDHU, DEFENDANT AND APPELLANT.



(Super. Ct. No. 11F04389)

The opinion of the court was delivered by: Butz , Acting P. J.

P. v. Sandhu

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Gurparminder Singh Sandhu waived trial by jury. Following trial to the court, he was found guilty of perjury. (Pen. Code, § 118, subd. (a).)*fn1 Imposition of sentence was suspended and defendant was placed on formal probation for four years on the condition, among others, he serve 30 days of incarceration. He was ordered to pay a $200 restitution fine (id., § 1202.4, subd. (b)), a $40 court operations fee (id., § 1465.8, subd. (a)(1)), and a $30 court facilities assessment (Gov. Code, § 70373). Defendant appeals pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). We shall affirm.

FACTUAL BACKGROUND

In accordance with People v. Kelly (2006) 40 Cal.4th 106, 110 (Kelly), we provide the following background.

In December 1997, defendant used the name Gurparminder Singh, birth date April 9, 1975, and a Social Security number ending in -XX21 to obtain a California driver's license (the Singh license). In April 1998, defendant renewed the Singh license and used the same name and birth date to obtain a California identification card (the Singh identification). Defendant again renewed the Singh license in March 1999.

In February 2002, defendant used the name Surinder Pal Bhinder, birth date March 2, 1970, and a Social Security number ending in -XX83 to obtain a commercial driver's license (the Bhinder license). In February 2007, defendant submitted a medical examination report to the Department of Motor Vehicles (DMV) to maintain the Bhinder license.

In May 2008, the DMV suspended the Singh license for failure to report an uninsured accident. Defendant renewed the Bhinder license in September 2008.

In February 2009, Dr. Fue Lee examined defendant, who identified himself as Surinder Pal S. Bhinder. The same day, defendant submitted a medical examination report and a photographic identification to the DMV's south Sacramento office to maintain the Bhinder license. The report stated in handwriting the name Surinder Pal Bhinder; listed a birth date of March 2, 1970; and bore a signature attesting to the correctness of the information under penalty of perjury.

Defendant renewed the Singh identification in February 2010. That same month, defendant submitted a medical examination report to the DMV to maintain the Bhinder license.

In February 2011, United States Citizenship and Immigration Services immigration officer Daniel Pursch interviewed defendant regarding his application for United States citizenship using the name Surinder Pal Bhinder. Pursch showed defendant DMV photographs depicting Surinder Pal Bhinder and Gurparminder Singh. ...


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