People v. Trombino

KINGSLEY, J. Defendant was charged in count I with forgery of a fictitious name (Pen. Code, § 470), and in count II with assault with a deadly weapon (Pen. Code, § 245). One prior was alleged. Defendant pled not guilty; trial by jury was duly waived; the cause was submitted on testimony contained in the preliminary transcript, subject to the trial court’s rulings. The court found defendant guilty as charged. The prior was found to be true; probation was denied and defendant was sentenced to state prison with sentences on both counts to run concurrently. Defendant appeals.

On March 25, 1965, defendant opened a checking account in the amount of $50 cash at the Bank of America in Beverly Hills, under the name of Arne Bedrosian. On the same day he deposited in this account a counter check for $585, drawn on the Security First National Bank, Hillcrest Branch, in San Diego. The cheek dated March 21, 1965, was payable to Arne Bedrosian, and was purportedly signed by a Herman Connolly as maker.

Mr. Arnold Morss, an assistant manager of the Hill-crest Branch of Security First National Bank in San Diego, had occasion to check the books and records in his capacity as an assistant manager; he determined there was no account in the name of Harold Connolly. On cross-examination by defendant’s counsel, Mr. Morss testified that his duties consisted of general duties, including checking of new account forms before they go into the computer, handling loans, handling personnel, okaying checks, opening the branch, opening and closing the vaults and other duties.

The next day, March 26, defendant made various other transactions at the Bank of America. The top of defendant’s head was seen by Roy Anderson, an assistant manager, as he talked with an officer. Mr. Anderson had a conversation with a bank officer, went next door to a butcher shop, where he saw defendant- coming towards him with a 24-inch butcher knife sharpener. Mr. Anderson blocked the doorway, a scuffle ensued, and defendant raised the object and struck Mr. Anderson three or four times. Mr. Anderson did not know whether [646]the object was a knife or not. Mr. Anderson and two other people restrained defendant.

The next day at the police station defendant was advised of his right to an attorney and to remain silent, and was told that anything he said could be used against Mm. Defendant said he understood his rights.

Defendant was asked if he had issued a $585 cheek to the Bank of America as a deposit, and he stated he had. He said he used the name of Conley or Connolly, but could not recall on which bank he had written the cheek. Defendant said that he made an initial deposit of $50 and a deposit of $585 plus about $30 to $40 in the account under the name of Arne Bedrosian.