California, United States of America
The following excerpt is from People v. Arnold, E069015 (Cal. App. 2019):
In support of that position, the People rely on People v. Malveaux (1996) 50 Cal.App.4th 1425. In Malveaux, the defendant argued that double jeopardy prohibited him from being retried as an adult for an offense that he had previously been tried for as a juvenile. The court of appeal provided that "[t]he perpetration of fraud on the court must be affirmative actions taken on the part of the defendant." (Id. at p. 1441.) Moreover, "[i]f a defendant, . . . intentionally commits a fraud upon the court by providing the court with erroneous information that the court relies upon, . . . he certainly must bear the consequences of his fraudulent and deceitful actions." (Ibid.) Thereafter, the court found that the defendant had committed a fraud on the juvenile court by misrepresenting his birthdate and age to the juvenile court. The court stated that the "record amply documents appellant's affirmative representations to the juvenile department that he was born November 9, 1974, when he well knew he was born eight years earlier. Thus, this is not a case where the juvenile court erroneously assumed a youthful looking person haled into that court was a minor when he actually was an adult. Rather, it is a case where an
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