Hughes

People v. Hughes

Good Law
112 Cal. App. 3d 452·169 Cal. Rptr. 364·1980 Cal. App. LEXIS 2468
Court of Appeal of CaliforniaNovember 21, 1980Crim. 20628California3,544 words

Opinion

Opinion

Deal, J.

Robert O’Dell Hughes appeals from a judgment sentencing him to a total of four years in prison after he entered a plea of nolo contendere to a charge of forgery. His sole contention on appeal is that the base term of two years for forgery should not have been enhanced with an additional two years pursuant to Penal Code section 12022.6, subdivision (b), which provides for such enhancement where the value of the property taken exceeds $100,000. He contends (1) that the enhancement statute is unconstitutional because it deprives him of equal protection of the laws; (2) that imposition of the enhancement violates the prohibition of multiple punishment (Pen. Code, § 654); (3) that the enhancement constitutes cruel and unusual punishment; and (4) that the court abused its discretion in failing to strike the enhancement.

Appellant’s contentions are without merit and we affirm the judgment.

Appellant was charged by information filed April 11, 1979, with 23 counts of forgery (Pen. Code, § 470). Pursuant to section 12022.6, sub division (b), it was alleged that, in commission of the felonies, appellant took property of a value in excess of $100,000, i.e., $196,432.05.

After…

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