Filed Date 2/17/17
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
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
MODIFYING OPINION NO CHANGE IN THE JUDGMENT
ordered that the opinion filed herein on February 10, 2017,
be modified as follows:
the last full sentence on the eighth page shall be modified
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.
after the above modification is made, page numbers shall be
added to the opinion.
is no change in the judgment.
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
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