People v. Arnett CA4/3

DISCUSSION

A. The Trial Court Did Not Err in Instructing the Jury on Forgery (§ 475, subd. (a)) as Charged in Count 2 Section 475 provides, “(a) Every person who possesses or receives, with the intent to pass or facilitate the passage or utterance of any forged, altered, or counterfeit items, or completed items contained in subdivision (d) of Section 470 with intent to defraud, knowing the same to be forged, altered, or counterfeit, is guilty of forgery.” (See § 470, subd. (d) [listing items including a “bank bill, or note”]; People v. Burkett (1969) 271 Cal.App.2d 130, 134 [photocopied dollar bill is an item within the meaning of § 470]; see People v. Bedilion (1962) 206 Cal.App.2d 262, 269 [paper currency issued by Federal Reserve banks is bank note or bill].) The trial court instructed the jury with CALCRIM No. 1930, which provided in relevant part: “The defendant is charged in Count 2 with possessing counterfeit document[s] in violation of Penal Code section 475 subdivision (a). [¶] To prove that the defendant is guilty of this crime, the People must prove that: [¶] One. The defendant possessed counterfeit notes or bills; [¶] Two. The defendant knew that the document was…