People v. Mayers

In People v. Mayers (1980) 110 Cal.App.3d 809, the defendant was convicted of participating in and operating a game of three-card "sting" -- involving an amount less than $ 200, and constituting a crime punishable only as a misdemeanor under Penal Code section 332. In reversing the conspiracy conviction, the court explained: "The foregoing rule is necessary to prevent a general statute from swallowing up the exceptions contained in specific enactments. Section 332 makes Mayers' offense a misdemeanor. By simple logic, if section 182 is applicable under these narrow facts, any section 332 misdemeanor violation would be automatically elevated to a felony by applying the general law of section 182, subdivision 4. Noteworthy was the Legislature's revision in the year 1880 of section 332 from a pure felony statute to one which provided for 'punishment as in case of larceny of property of like value.' ( 332; italics added.) Punishment here as a section 182, subdivision 4, felony would render this legislative amendment void." ( Id., at p. 814.)