People v. Williams

Opinion

JEFFERSON, J.

Defendant was charged with forgery in violation of section 470 of the Penal Code. Defendant entered a plea of not guilty to the charge and also entered a plea of “once in jeopardy” by conviction of March 31, 1970, for violation of title 18, United States Code section 1708,. in the U.S. District Court Central District of California.

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Jury trial was waived and the matter submitted to the court, pursuant to stipulation, on the proceedings had at the preliminary hearing and each side reserved the right to offer additional evidence.

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The court found defendant guilty as charged. Defendant’s motion for new trial and probation were denied and defendant was sent to state prison for the term prescribed by law, the sentence ordered to run concurrently with any federal sentence being served.

Defendant appeals from the judgment of conviction.

Defendant on January 23, 1970, presented two checks to George Tway, a teller for the Bank of America, to be deposited. He knew these checks had been stolen from the U.S. mails and the checks were made payable to Louis Levin. He told the teller that he wanted to deposit the two checks and that he also wanted to cash a check of his own using the name of Louis Levin, but he had no blank checks of his own although he had ordered some.

Defendant was sent to Mrs. George, new accounts clerk at the bank. He exhibited the two stolen checks that he desired to deposit and a deposit slip that indicated to Mrs. George that defendant was in fact Louis Levin. Defendant asked Mrs. George for a counter check and received a blank stock check.

Defendant returned to Mr. Tway’s window and presented a counter check in the sum of $975, payable to cash. The teller requested defendant to endorse the check which he did by signing the name of the victim Louis Levin.

The check was then taken to the operations officer of the bank for approval. The operations officer attempted to identify defendant. He observed defendant was attempting to make a deposit for approximately $3,000, and at the same time was attempting to cash a counter check for $975, all in the name of a customer whose name was Louis Levin.