Davey

This is an appeal from a:judgment entered upon a jury’s verdict which found appellant guilty of fraudulently issuing a bad check in violation of Penal Code section 476a. Defendant was charged with and admitted conviction of a prior offense, to wit: violation of Penal Code section 470 (forgery).

Appellant requested counsel on appeal. This court appointed L. Miles Snyder, Esq., as counsel. He has advised the court that in his opinion there are no meritorious grounds for appeal. Appellant has filed no brief on his own behalf after notice that he could do so if he so desired. We have made an independent review of the record and find no error.

*887 Appellant opened a commercial account in a Sacramento bank, making an initial deposit of 27 dollars. On the same or the following day he drew a check for 50 dollars against the account and cashed it in El Dorado County. The check was dishonored for lack of sufficient funds. Appellant testified that at the time he drew the check he believed his employer had deposited into his account, as payment of compensation earned, a sum in excess of the amount of the cheek. A fellow employee, testifying on defendant’s behalf, partially corroborated…