People v. Martinez
Annotate this CaseIn 2000, defendant pleaded guilty to a felony, Penal Code 470(a), in that he, “with the intent to defraud, and knowingly without authority to do so, sign the name of another person and of a fictitious person, to [a] RECEIPT FOR GOODS.” The state dismissed a misdemeanor section 484g(a) charge. Defendant was placed on probation for 36 months and ordered to pay $159.92 restitution. In 2015, defendant petitioned to have his felony forgery conviction redesignated as a misdemeanor under Proposition 47, Penal Code 1170.18(f). The state argued that “certain types of 470’s were not affected by Prop 47 … the types that were affected were [forgeries] involving check fraud, cashier’s checks, traveler’s check[s], or money orders. This involved a credit card, which was not one of those items.” Defendant filed proof that the amount was under $950 and argued that his conviction was a “forgery offense sentenced pursuant to Penal Code Section 473.” The court denied defendant’s petition. The court of appeal affirmed, reasoning that “receipt for goods” forgery is not listed as a misdemeanor in section 473(b). There is a rational basis for Proposition 47’s distinction between offenders who were convicted of forgery involving instruments listed in section 473(b) and offenders convicted of “receipt for goods” forgeries.
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