People v. Edwards

Opinion

FILES, P. J. This is the People’s appeal from an order dismissing an information upon defendant’s motion made under Penal Code section 995 upon the ground that defendant had been committed without probable cause.

The information accused defendant of “the crime of grand theft, in violation of Section 487, Subdivision 1, Penal Code of California, a felony, committed as follows: That the said Sandra Faith Edwards between August 24, 1973 and September 2, 1973, inclusive, at and in the [262]County of Los Angeles, State of California, did willfully, unlawfully and feloneously take the property of another of a value exceeding Two Hundred Dollars ($200.00).”

The evidence received at the preliminary examination showed that on five occasions from August 25, 1973, through August 30, 1973, defendant had procured automobile repairs from a single repair shop, for which charges aggregating $228.61 were made upon a bank credit card in defendant’s name, which she had presented to the repair shop. Defendant was aware that her privilege to use the card had been cancelled by the issuing bank.

The transcript also shows that defendant had used the same card for charges aggregating $143.94 at a hotel, but the dates of those transactions are not shown in the record on appeal.

To put the issue here in its proper context, we summarize the pertinent Penal Code sections on theft.

Penal Code section 484 contains a general definition of theft.

Penal Code section 487 provides in part: “Grand theft is theft committed in any of the following cases: 1. When the money, labor or real or personal property taken is of a value exceeding two hundred dollars ($200); . . .” Succeeding portions of that section define other thefts which are classified as grand theft. There is no mention of credit cards in that section.

Penal Code section 489 prescribes the punishment for grand theft.

Penal Code section 484g provides: “Every person who, with intent to defraud, (a) uses for the purpose of obtaining money, goods, services or anything else of value ... a credit card which he knows is forged, expired or revoked ... is guilty of theft. If the value of all money, goods, services and other things of value obtained in violation of this section exceeds two hundred dollars ($200) in any consecutive six-month period, then the same shall constitute grand theft.”