People v. GallardoAnnotate this Case
Gallardo stopped paying court-ordered child support for nearly a year. His ex-wife sought an income withholding order. At a hearing, he denied he was behind on his child support payments, and held up a sheaf of fraudulent papers that he described to the court as cancelled checks and other documents that proved he owed no money. He handed the documents to his disbelieving ex-wife and the Department of Child Support Services attorney, who both expressed suspicion about the legitimacy of the documents. The family court found “insufficient evidence” to set aside the wage assignment. A few weeks later, Gallardo pressed his claim at the Department of Child Support Services office, once again providing fraudulent documents for review. Gallardo was later convicted of two counts of offering forged and fraudulent documents into evidence and of forgery . The court of appeal affirmed, rejecting his claim that his convictions under section 132 on the grounds that the evidence was insufficient as a matter of law because he did not offer the forged checks “in evidence” within the meaning of the statute. Gallardo did not challenge the forgery conviction.