Suciu

This is an appeal from a judgment of conviction on three counts of forgery.

In an information filed October 23, 1962, in Los Angeles County the defendant was charged in Count I with forgery in that she did on or about September 5, 1962, forge a check *890 for the payment of $60 and did then utter the same knowing of the falsity of such check with intent to cheat Madeline Cernelli, Edward Suciu (her husband) and Bank of America; in Count II she was similarly charged, the date of the offense being on or about September 9, 1962, the cheek being in the sum of $25, and Earle McDonnell being the person to whom it was passed. In the third count the charge was similar to the first two counts, the date of the offense being on or about September 5, 1962, the amount of the check being $24.93 and the person to whom she uttered the check being Don Bamsell. It was later further charged in the information that she formerly had been convicted in the federal court of a violation of the Dyer Act, a felony, and had served a term in a federal prison therefor.

She was represented by the public defender and pleaded not guilty and denied the prior conviction. A jury trial was waived. Defendant was…