People v. Mason

Donald L. Mason, defendant, has appealed from a judgment imposing concurrent sentences to prison after jury verdicts finding him guilty of grand theft (c ount one) and issuing a check with insufficient, funds with intent to defraud (count two).

Defendant gave a bad check drawn by himself in part payment of an automobile, possession and title to which were delivered to him in the transaction. He neither had nor had reason to believe he had funds to cover the check. He did not make any express statement the check was good or that there were funds to cover it.

He contends a conviction of both crimes arising out of the same transaction may not be had, arguing Penal Code section 476a is a special statute within the meaning of People v. Gilbert, 1 Cal.3d 475 [ 82 Cal.Rptr. 724 , 462 P.2d 580 ]; that since the theory of theft of the automobile was a false pretense as to the worth of the check, he was subject to prosecution only under the special statute and a finding of guilty of theft based upon that false pretense may not stand in addition to the conviction based on the uttering of the check.

Essentially defendant’s argument is that a conviction of theft may never be had…