Pettit

People v. Pettit

Good Law
1964 Cal. App. LEXIS 883·230 Cal. App. 2d 397·41 Cal. Rptr. 42
Court of Appeal of CaliforniaOctober 27, 1964Crim. No. 1930California530 words

Opinion

Lead Opinion

Coughlin, J.

By an information in three counts, the defendant was charged with three violations of section 476a of the Penal Code, i.e., issuing worthless checks. Each count alleged facts establishing the offense in question; concerned a cheek in a sum of $50 or less; also alleged the defendant previously had been convicted of issuing a worthless check, a felony; and referred to the offense charged as a felony. The prior conviction alleged in each of the three counts was the same. In addition, the information also alleged another prior felonious worthless check conviction.

The prior convictions were admitted. Not guilty pleas were entered as to each of the current offenses. Thereupon, the *398 defendant was tried by the court without a jury; was convicted upon each count; was sentenced to imprisonment in the state prison as to each count, the sentences to run concurrently; and appealed, contending that the judgment was in error because the combined offenses of which he was found guilty constitute only a single felony.

Subdivision (a) of section 476a of the Penal Code defines the offense of the issuance of a worthless check; contains no provision respecting the amount of such a cheek; and…

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