People v. Long

BARNARD, P. J.

The defendant was charged in three counts with issuing checks without sufficient funds, in violation of section 476a of the Penal Code. The first count related to three checks totaling $55 drawn on the Security Trust and Savings Bank in San Diego; the second count to three cheeks totaling $70 drawn on the Coronado Branch of the Bank of

America;

and Count 3 to three other checks totaling $75 drawn on the Security Bank. He was also charged with a prior conviction in Virginia, and two prior convictions for forgery in California, for which prison terms were served. He pleaded not guilty, admitted the two prior convictions of forgery and denied the prior conviction in Virginia. At the trial he refused the services of an attorney and appeared in propria persona. A jury found him guilty on all three counts. His motion for a new trial was denied and he was sentenced to prison on each count, the sentences to run consecutively with regard to Counts 1 and 2 and with the sentence on which he was then on parole, and concurrently with regard to Count 3.

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He filed a notice of appeal from the judgment, and filed an opening brief. Thereafter, he requested the appointment of counsel, and a supplemental brief was filed by counsel so appointed.

The evidence shows, with respect to Count 1, that the defendant opened an account on June 15, 1956, at the Security Bank with a deposit of $5.00. A further deposit of $20 was made on June 25, but checks cashed reduced his balance on that date to $9.00, and he had then issued a cheek for $170 and three other checks which were not honored. On June 25 and June 26, the defendant drew the three checks described in Count 1, two for $20 each and one for $15, which he cashed at stores by making small purchases and taking the balance in cash.

With respect to Count 2, it appears that the defendant opened an account at the Coronado Branch of the Bank of America on July 2, 1956, with a deposit of $30, and no additional deposit was ever made. On the same day the balance in that account was reduced to $5.00. Within a few days two checks for $25 and one for $20 were cashed at another branch of the Bank of America and rejected for insufficient funds when received at the Coronado Branch. Altogether nine checks totaling $175 were drawn on this account and rejected by the bank when presented for payment.