The People v. Hagan CA3

Filed 9/11/13 P. v. Hagan CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sierra) ----

THE PEOPLE, C072508

Plaintiff and Respondent, (Super. Ct. No. CR02931X)

v.

KENNETH W. HAGAN,

Defendant and Appellant.

Defendant Kenneth W. Hagan wrote a check to his landlord for rent arrears and the check bounced. The trial court found him guilty of knowingly issuing a check drawn on insufficient funds (Pen. Code, § 476a, subd. (a))1 and grand theft (§ 487, subd. (a)), and granted him probation.

On appeal, defendant contends the evidence was insufficient to support his conviction for grand theft. We disagree and shall affirm the judgment.

1 Undesignated statutory references are to the Penal Code.

1

FACTUAL BACKGROUND

Defendant entered into a written agreement to rent a residence from Michael Buck for $600 per month, starting March 1, 2011. Buck and defendant were the only witnesses at trial.

According to Buck, defendant was “basically always behind” in his rent, starting in the first month. Some months defendant made partial payments; other months he made no payments. By the first week of March 2012, defendant owed Buck $3,600.

The check at issue in this case, payable to Buck in the amount of $2,600, was drawn on defendant’s account at Bank of America. The date of the check was in dispute: Buck testified that on March 8, defendant gave him a check dated March 9 and, when Buck told defendant he did not accept postdated checks, one or the other of them changed the date on the check to March 8. In contrast, defendant testified he wrote the check on March 9 and gave it to Buck on that date, and he does not know who changed the date of the check to March 8.