Hess

Appellants Donald L. and Terry Lee Hess, husband and wife, were jointly charged and convicted by jury of five felonies; grand theft as defined in Penal Code section 487, subdivision 1, two counts of forgery (Pen. Code, § 470), and two counts of grand theft as defined in Penal Code section 487, subdivision 3 (horse theft). Mrs. Hess was also charged with four prior forgery convictions, one of which she admitted; the other three were found to be true. Appellants were both sentenced to prison on all five counts, with counts I and II ordered to run consecutively. In addition, Mrs. Hess was fined $5,000. They appeal from the judgments of conviction.

Briefly summarized, and viewed in the light most favorable to the People, the evidence reveals:

(1) Appellants agreed to board two horses, a mare named Stardust and her colt named Golden Boy, Jr., for their owner, Mrs. Lenore K. Thompson. In return they were to receive the use of the mare and the right to breed her and to keep all foals. Mrs. Thompson did not agree to give or sell the horses to appellants.

(2) By presenting two forged bills of sale and a statment of loss to the Arabian Horse Club Registry of America, located in…