People v. Ramirez CA6

California Court of Appeal May 11, 2016 No. H042514Unpublished

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Holding. The court held that for purposes of Proposition 47 eligibility, the "value" of a forged check is its face value, regardless of whether the check was cashed or caused actual pecuniary harm to the victim. Because the defendant's forged check had a face value of $1,598.09, she was ineligible for resentencing under Penal Code section 1170.18.

Issues

Whether the "value" of a forged check under Penal Code section 473, subdivision (b) is determined by its face value or by actual pecuniary loss.
Whether a defendant is eligible for Proposition 47 resentencing if the forged instrument was never cashed.
Whether the trial court was required to assess public safety risk after finding the defendant ineligible for resentencing.

Disposition. affirmed

Quotations verified verbatim against the opinion

“We construe the “value” of the check to be the amount written on the check.”

“Contrary to defendant’s claims, section 473 does not require that the victim suffer an actual pecuniary loss.”

“The trial court determined that defendant was not eligible to be resentenced under Proposition 47; therefore, it did not need to ascertain whether she posed an unreasonable risk of danger to public safety.”

Filed 5/11/16 P. v. Ramirez CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H042514 (Monterey County Plaintiff and Respondent, Super. Ct. No. SS122424A)

HOPE MISNER RAMIREZ,

Defendant and Appellant.

Defendant Hope Misner Ramirez was convicted in December 2013 of two counts of forgery (Pen. Code, § 476) in case Nos. SS122424A and SS121231C.1 In 2014, defendant, who was still serving her sentence, filed a petition requesting that her sentence be recalled and she be resentenced in case No. SS122424A to a misdemeanor under section 1170.18, subdivision (b), enacted by Proposition 47, “The Safe Neighborhoods and Schools Act” (the Act). The court denied defendant’s petition after finding her ineligible, because the parties had stipulated that the fictitious check was made payable in the amount of $1,598.09. Defendant appeals. She argues that she is eligible for resentencing, because the victim did not suffer pecuniary harm. Therefore, she claims that the true value of the check was less than $950 and she was eligible for Proposition 47 relief. We disagree and affirm the trial court’s order denying defendant’s petition for recall of sentence.

1 Unspecified statutory references are to the Penal Code.

BACKGROUND On February 27, 2013, defendant was charged by an amended complaint in case No. SS122424A with a count of forgery (uttering a fictitious check) (§ 476), a count of forgery (§ 470, subd. (d)), a count of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), and a misdemeanor count of possession of a controlled substance (id., § 11364.1, subd. (a)). It was further alleged with respect to counts 1 through 3 that defendant had been out on bail. (§ 12022.1.) Subsequently, defendant entered into a negotiated disposition for case No. SS122424A and another case, case No. SS121231C.2 Defendant pleaded nolo contendere to two felony counts of forgery (uttering a fictitious check, § 476), one for each case. Defendant also admitted the on-bail enhancement under section 12022.1. The remaining charges in case No. SS122424A were dismissed. Defendant was sentenced to a total term of five years eight months in jail. The abstract of judgment was filed in December 2013. In November 2014, the voters enacted Proposition 47, which went into effect the day after it passed. (Cal. Const., art. II, § 10, subd. (a); People v. Rivera (2015) 233 Cal.App.4th 1085, 1089.) Proposition 47 reduced certain nonviolent crimes to misdemeanors, including the crime of forgery. Under Proposition 47, a crime of forgery is a misdemeanor if the value of the instrument is less than $950 and if certain exceptions, none of which are applicable to defendant, do not apply. (§ 473, subd. (b).)

People v. Ramirez CA6

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

HOPE MISNER RAMIREZ,

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