People v. Flores

FOURT, J.

This is an appeal by Ruben Lopez Flores from a judgment of conviction of forgery.

In an information filed in Los Angeles on March 13, 1968, appellant with codefendant Dolores Flores was charged in

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count I with conspiring to commit forgery on January 13, 1968, in count II with forgery on January 13, 1968, in count III with forgery on January 15, 1968, in count IV with forgery on January 16, 1968, in count V with forgery on January 18, 1968, and in counts VI and VII with forgery on the 22d and 23d of January 1968 respectively. Bach defendant represented by separate counsel pleaded not guilty. It was stipulated that the cause be submitted on the testimony contained in the transcript of the proceedings had at the preliminary hearing, each side reserving the right to offer additional evidence. Ruben Flores testified and he was found guilty as charged in counts III and V. All other counts were dismissed. He was sentenced to the state prison, the terms to run concurrently. A notice of appeal was timely filed by Ruben Flores.

A résumé of some of the facts is as follows: Mrs. Carmen Velasquez possessed a Master Charge credit card which expired on December 7, 1967. A renewal card was directed to her address and although she never received the new card (the 1968 card), charges were made against her account in the amount of $7,800 during the latter part of December 1967 and January 1968. Included within such amount was an item of $34.02 on January 15, 1968, for tropical fish and supplies and an item of $45 on January 18, 1968, for dental services. Mrs. Velasquez had given no one permission to use her card or sign her name on the sales drafts representing the transactions of January 15th and 18th. Mrs. Velasquez did not make the purchases in question on the dates indicated. (Count III.) Arnold Davis operated Arnold’s Aquaria a tropical fish store in Whittier. On January 13, 1968, defendants purchased some aquarium supplies from Davis and used the Velasquez Master Charge credit card in the transaction. Dolores Flores signed the sales draft with the name Carmen Velasquez. On January 15, 1968, defendants were again present at the store and Ruben selected various tropical fish which were placed in bags and Dolores again signed the name Carmen Velasquez on a Master Charge credit card sales draft in the amount of $34.02. Appellant stood about 2 feet behind Dolores at the time she made the false signature and he thereupon carried out the bags containing the fish and other items which they had purchased. Appellant had driven Dolores to the store, he helped in the selection of the fish which were purchased, and he drove Dolores back to her home with the items so secured. On January 16, 1968, defendants returned again to the store