People v. Pingree

Opinion

KAUS, P. J. Defendant was charged by information with two counts of forgery. (Pen. Code, § 470.) He pleaded not guilty. Pursuant to stipulation, the cause was submitted on the preliminary hearing transcript. The court found defendant guilty of count I. Proceedings were suspended. Defendant was placed on three years’ probation on various terms and conditions. He appeals from the judgment (order granting probation).

The evidence adduced at the preliminary hearing was as follows: People’s Exhibits 1 and 2 were checks drawn on the account of William Lowry at the Independent Bank. Lowry had not signed People’s Exhibit 1 or 2, nor had he given anyone else permission to sign them. He had been unaware that the checks were missing.

John Lopez was employed as the store director of Dale’s Market in Northridge. Lopez cashed People’s Exhibit 2 for $25 on September 6, 1972. He wrote a driver’s license number on the check. He recalled no details about the transaction. Agnes Hamilton was a grocery clerk at Dale’s Market. On September 6, 1972, she cashed People’s Exhibit 1. The check was cashed in connection with the purchase of merchandise costing $1.87. Ms. Hamilton wrote down the driver’s license number of the person who presented the check. She recalled nothing else, about the transaction.

[253]People’s Exhibits 1 and 2 are both dated September 6, 1972, made out to cash, and signed “William D. Lowry.” They are endorsed “Dennis G. Pingree.” The driver’s license number E 194172 appears on the face of each check.1 Officer Wagener ran the license number through the Department of Motor Vehicles. He received back People’s Exhibit 3, a driver’s license and application in defendant’s name.

It was stipulated that defendant had written his name a number of times on People’s Exhibit 4. It was further stipulated that a handwriting expert had compared the writing on People’s Exhibit 4 with the endorsements on People’s Exhibits 1 and 2 and had determined that the same person wrote them all.

Defendant’s sole contention on appeal is that the evidence is insufficient to sustain the conviction. The cause was first submitted on the transcript, January 23, 1973, the People reserving the right to produce additional testimony. Defendant waived his right to jury trial and to confront and cross-examine witnesses. Defense counsel stated that he did not believe the submission to be a “Mosley” situation,2 that he planned to argue the matter. The prosecutor, “just to be safe,” advised defendant that he might be incriminating himself by proceeding by way of the submission and defendant stated that he understood that. Following the submission a short recess was taken, after which defense counsel stated that he had explained to defendant that due to a “difficulty with the state of the transcript” the matter would have to be continued for several days.