People v. Torres

SCHOTTKY, J. Defendant above named was charged by information with a violation of section 470 of the Penal Code, forgery, it being alleged that he “did willfully, unlawfully and feloniously and with intent to defraud, sign the name of another person or of a fictitious person, knowing that he had no authority to do so and fraudulently make, utter, publish and counterfeit a certain check in the sum of Forty One and 56/100 Dollars with intent to defraud Charles Feist and the Bank of Sonoma County, Forestville Branch, Forestville.” He pleaded not guilty, and following a trial, at which he was represented by counsel, he was found guilty. Judgment was pronounced and defendant has appealed from the judgment.

Upon appellant’s request that an attorney be appointed to represent him upon the appeal, this court appointed Mr. John P. Carson of the Sacramento Bar. Mr. Carson has in[622]formed this court that after an interview with appellant and a careful review of the record, it is his opinion that there are no meritorious grounds of appeal.

We have made a careful study of the entire record and have concluded that the judgment should be affirmed.

The only issue upon which an argument could be based was whether or not there was sufficient corroboration of the testimony of the admitted accomplice, Vivian Jean Elliott.

The evidence disclosed that Vivian Jean Elliott, a 17-year-old girl, obtained $300 from her parents’ bank account by signing her mother’s name to a withdrawal order. She took part of the money and went to Wenatchee, Washington, where she remained from Wednesday, July 31, 1957, to August 3, 1957, when she took a bus and returned to Santa Rosa where she met a friend, Pat Phillips, with whom she spent the day and at whose home she remained overnight. The next day Pat and Vivian, while walking, met a friend of Vivian’s family who told her that the district attorney was looking for her. Later she met appellant and she and Pat entered his car and drove around. Vivian told appellant that she had to get out of town and she asked him for the money she had given him before she left for Washington. He did not have it. They then took Pat to her home, after which appellant and Vivian drove to Porestville, where Vivian entered a bank and obtained a blank cheek. They then drove around and saw the name “G. D. Winter” on a mailbox. According to Vivian, appellant later wrote a cheek payable to the order of Vivian in the amount of $41. He signed the name “George D. Winters” to the check. Vivian endorsed the cheek and cashed it with a merchant she knew. She divided the proceeds with appellant and she returned to Pat’s residence to change, and later she and appellant went to Decoto, where they remained at appellant’s sister’s home until the 28th of August.