People v. Ali

California Supreme Court Mar 27, 1967 No. Crim. 10182Published

Before: McComb

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Holding. The court held that Penal Code section 484a criminalizes the attempted use of an illegally held credit card to obtain goods, and that a trial court may not impose consecutive sentences upon retrial if the defendant was originally sentenced to concurrent terms.

Issues

Is it a crime under Penal Code section 484a to attempt to use an illegally held credit card to obtain goods valued over $50?
May a trial court impose consecutive sentences upon retrial when the defendant was originally sentenced to concurrent terms for the same offenses?

Disposition. modified and affirmed

Quotations verified verbatim against the opinion

“By the language used in the statute, the Legislature has clearly shown an intention to include attempts to use illegally held credit cards, i.e., unsuccessful efforts to use credit cards.”

“a defendant should not be required to risk being given greater punishment on a retrial for the privilege of exercising his right to appeal.”

McCOMB, J.

Defendant appeals from a judgment, after trial before a jury, on verdicts finding him guilty on three counts of violating section 484a, subdivision (b), paragraph (6), of the Penal Code.

Facts: The record shows that in each of the three alleged offenses defendant used a credit card which did not belong to him, and which he was not authorized to use, for the purpose of obtaining tires, the value of which was over $50. In each

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instance, he signed an invoice which had been stamped with the credit card.

In the first instance, the tires were pnt on an automobile at defendant’s direction. In the second and third transactions, delivery of the tires was not made to anyone, because the fraudulent use of the credit card had been discovered.

Questions:

First,

Is it a crime under section 484a, subdivision (b), paragraph (6), of the Penal Code, which codifies credit card offenses, for an unauthorized holder of a credit card to use the card for the purpose of obtaining goods of a value over $50 by signing an invoice therefor with a false name, when prior to delivery of the goods his intent to defraud is discovered?

Yes.

As to the second and third counts, defendant contends that the statute as enacted did not advise him with sufficient clarity that the use of a credit card obtained and held in violation of paragraph (3) of subdivision (b) of Penal Code section 484a is an additional crime even where the attempt to obtain goods, services, or other things of value fails of its purpose.

Subsection (6) of subdivision (b) of Penal Code section 484a provides: "(b) Any person who:

ÍÍ

“

(6) Knowingly

uses or attempts to use

for the purposes of obtaining goods, property, services or anything of value, a credit card which was obtained, or is held by the user, under circumstances which would constitute a crime under paragraphs (1), (2) or (3) of this subdivision, is also guilty of a misdemeanor if the total amount of goods, property or services or other things of value so obtained by such person does not exceed fifty dollars ($50), or is also guilty of a felony, if the total amount of goods, property or services or other things of value so obtained by such person exceeds fifty dollars ($50).” (Italics added.)

People v. Ali

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