Paine

Arthur Raymond Paine appeals from a judgment, after trial by the court, convicting him on seven counts of passing fictitious checks (Pen. Code, § 476).

Paine does not question the sufficiency of the evidence in support of the judgment. He does challenge the use of certain documents belonging to him for handwriting comparison as being a violation of his Fifth Amendment privilege against compulsory self-incrimination.

In order to compare Paine’s handwriting with the handwriting on the fictitious checks in its possession, the prosecution sought, and obtained, a court order compelling Paine to provide handwriting exemplars. This order was proper (United States v. Mara, 410 U.S. 19 [ 35 L.Ed.2d 99 , 93 S.Ct. 774 ]), and is not challenged on this appeal.

Paine, however, refused to provide exemplars and the court found him to be in contempt. Because of Paine’s recalcitrance, the prosecutor moved the court to compel the sheriff to turn over certain papers in the sheriff’s possession belonging to Paine so they could be used in comparing handwriting. After having been advised of this motion, but before the motion could be heard, Paine’s attorney secured the release of Paine’s…