People v. Reisdorff

Opinion

SHOEMAKER, P. J.

This is an appeal by defendant Elmer Reisdorff from an order granting probation following his conviction of violating Penal

[677]

Code, section 475a (possession of completed check with intent to defraud) and Penal Code, section 470 (forgery).

1

On March 15, 1970, the San Jose office of Frank Pappalardo, doing business as Valley View Construction Company, was burglarized, and 31 of the blank checks of the business were taken.

On March 28, 1970, a man entered Dick’s Supermarket in San Jose and attempted to cash a payroll check drawn on a construction company. The man first presented the check to a clerk who referred him to James Tom, the head clerk. Tom examined the check and the man’s identification. The check was numbered 1883, was payable to the order of defendant, was drawn on the account of the Valley View Construction Company and was signed by Frank Pappalardo. The man produced a driver’s license in the name of defendant, and he also gave Tom a courtesy check cashing card which had been issued by Dick’s Supermarket to Helen Reisdorff, whose address was 2784 South First Street, San Jose. After Tom had checked to see that the man matched the photograph on the driver’s license, he proceeded to the store office and telephoned the Valley View Construction Company. He then returned the check to the man and informed him that he could not cash it.

Later the same day, a man entered the White Front store in San Jose, selected some clothing and took them to a check-out stand. Verna Martinez, the clerk at the stand, called for a price check on some of the clothing. While waiting for the items to be checked, she conversed with the man, who told her that he worked for the Valley View Construction Company. After the checking had been completed, the man presented her with the same check which Dick’s Supermarket had refused to cash. Miss Martinez had the check approved and she then cashed it for the man.

Defendant was arrested at his place of residence, a trailer court located at 2784 South First Street, San Jose. This.-address was the same address listed on the Dick’s Supermarket courtesy card issued to Helen Reisdorff.