People v. Adams

ASHBURN, J.

Defendant was convicted of five charges of fraudulently issuing a check without sufficient funds in the bank to meet the same, thus violating section 476a, Penal Code. Granted probation, he appeals from that order (Pen. Code, § 1237, subd. 1), and from an order denying his motion for new trial. Counsel makes two points, insufficiency of the evidence and error in finding defendant guilty upon all five counts. There is no merit in either contention.

[485]

In testing the first argument we “must assume in favor of the [finding] the existence of every fact which the [court] could have reasonably deduced from the evidence, and then determine whether such facts are sufficient to support the [finding].”

(People

v.

Tom Woo,

181 Cal. 315 326 [184 P. 389];

People

v.

Newland,

15 Cal.2d 678, 681 [104 P.2d 778].) Defendant did not testify and that fact fortifies the adverse inferences flowing from evidence produced by the prosecution. “A defendant’s failure to take the stand ‘to deny or explain evidence presented against him, when it is in his power to do so, may be considered by the jury as tending to indicate the truth of such evidence, and as indicating that among the inferences that may reasonably be drawn therefrom, those unfavorable to the defendant are the more probable.’

(People

v.

Adamson,

27 Cal.2d 478, 489 [165 P.2d 3].) ... In criminal cases, after the prosecution has made a prima facie case, the failure of the defendant to testify is not affirmative evidence of any fact, and any inference that can, in the circumstance, be justly drawn therefrom is persuasive rather than probative, lending weight to the evidence presented by the prosecution. ’ ’

(People