People v. Lowery
Annotate this CaseIn 2009, Giovanetti told police checks had been stolen from her business. Lowery tried to cash one of the checks in the amount of $1,047. The cashier suspected the signature was not genuine and called Giovanetti, who told him not to cash the check. The cashier kept it and a copy of Lowery’s driver’s license. Lowery pleaded no contest to possession of a fictitious check. (Pen. Code 476.) In 2015, he petitioned to designate the offense a misdemeanor under Proposition 47 (Pen. Code, 1170.18(f)). The prosecution stipulated to his eligibility to have the offense designated a misdemeanor. The trial court, however denied the petition, reasoning that the check was written for $1,047.85, exceeding the $950 limit under Penal Code 473. The court of appeal reversed, finding that the term “value” in section 473 refers to the actual monetary worth of the check, not the amount for which it was written. While the written value of a forged check may be substantial evidence of its monetary worth, a defendant may be able to show an uncashed check was worth less than its written value—e.g., by presenting evidence that the check was unlikely to be cashed. The court noted that the issue is currently before the California Supreme Court.
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