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People v. Lowery

California Court of Appeals, Sixth District

February 10, 2017

THE PEOPLE, Plaintiff and Respondent,
v.
BRIAN LEE LOWERY, Defendant and Appellant.

          Order Filed Date 2/17/17

         Santa Clara County Superior Court No.: FF932426 The Honorable Linda R. Clark Judge

          Attorney for Defendant and Appellant Brian Lee Lowery: Laurie Wilmore under appointment by the Court of Appeal for Appellant

          Attorneys for Plaintiff and Respondent The People: Kamala D. Harris Attorney General, Gerald A. Engler Chief Assistant Attorney General, Jeffrey M. Laurence, Senior Assistant Attorney General, Seth K. Schalit Supervising Deputy Attorney General, Claudia H. Amaral Deputy Attorney General

         ORDER MODIFYING OPINION NO CHANGE IN THE JUDGMENT

         THE COURT:

         It is ordered that the opinion filed herein on February 10, 2017, be modified as follows:

         First, the last full sentence on the eighth page shall be modified to state:

         For the above reasons, we hold the term “value” in Penal Code section 473 refers to the actual monetary worth of the check-that is, the amount the defendant could obtain for the check, not the amount for which it was written.

         Second, after the above modification is made, page numbers shall be added to the opinion.

         There is no change in the judgment.

          RUSHING, P.J.

         This case concerns the meaning of the term “value” in subdivision (b) of Penal Code section 473, which makes check forgery a misdemeanor if the value of the check does not exceed $950.[1]

         Defendant Brian Lee Lowery tried to cash a stolen forged check, but the cashier determined it was forged and refused to cash it. After pleading no contest to possessing a fictitious check, Lowery petitioned to designate the offense a misdemeanor under Proposition 47. Both the prosecution and Lowery stipulated to his eligibility to have the offense designated a misdemeanor. The trial court, however, rejected this stipulation. The court denied the petition on the ground that the ...


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