People v. Delaney

THE COURT. Llewellen Delaney was accused by information of three offenses of forgery of sales drafts, by which he defrauded Mickey Chung, Bernard’s of California, E. C. Morgan and Bank of America National Trust and Savings Association of $73.73; defrauded Ben Martin, Tuxedo Center, Morgan and the bank of $91.81, and defrauded Trojan Camera and the bank of $40.62. It was alleged that Delaney had served a term in prison following conviction of forging and passing United States obligation, a felony, a term following conviction of forgery and a term following conviction of issuing check without sufficient funds. The prior convictions were admitted by defendant.

In a jury trial in which he was represented by counsel defendant was convicted of the three offenses charged, his motion for a new trial was denied, probation was denied and sentence to state prison was imposed.

By his trial counsel defendant appealed from the judgment and the order denying his motion for a new trial. Upon application of defendant’s attorney, additional time in which to file a brief was granted; upon the failure of the attorney to file a brief, and after due notice given him, the appeal was dismissed. Upon the representation that a substitution of defendant to represent himself had been signed, although not filed, the dismissal was vacated. Defendant has filed a brief of his own. With the brief he requested appointment of counsel. After reading the record the court denied his request for the reason that the appeal is obviously without merit.

The forgeries of which defendant was convicted were but three of at least 27 and perhaps as many as 100 forgeries committed by defendant, and others, in the use of a stolen Bank of America credit card. Defendant and E. C. Morgan [638]had known each other for several years. Morgan was, and for 15 years had been employed in the Roads and Grounds Department of the Navy at Port Hueneme. One night, after they had both been drinking in a café, Morgan undertook to drive home a man who called himself Johnson, but not being able to learn where Johnson lived, Morgan drove to his own home and retired, leaving Johnson drunk and asleep in the car. The following morning Johnson was missing and also Morgan’s billfold, which contained his Bank of America credit card, with which the owner could make purchases up to $100 each on credit. Shortly thereafter defendant commenced making purchases by use of the card, representing himself to be Morgan, and signing Morgan’s name upon the purchase drafts. In the trial defendant testified that he had been given the card by one Bari Davis, that he took it to Morgan and entered into an arrangement with Morgan that he, defendant, would use the card in making purchases, and that they would divide equally the merchandise that was purchased. Morgan testified that he did not know how defendant gained possession of the card and denied that he had ever discussed the use of the card with defendant.