Byrd

People v. Byrd

Good Law
1991 Cal. App. LEXIS 974·233 Cal. App. 3d 806·285 Cal. Rptr. 128·91 Daily Journal DAR 10980·91 Cal. Daily Op. Serv. 6921
Court of Appeal of CaliforniaAugust 26, 1991No. B039640California1,495 words

Opinion

Lead Opinion

Ashby, J.

Appellant Robert Byrd appeals after being convicted on one count of grand theft (Pen. Code, § 487, subd. 1), five counts of willfully passing insufficient fund checks (Pen. Code, § 476a, subd. (a)), and one count of petty theft (Pen. Code, § 484, subd. (a)). We affirm and remand for sentencing.

Introduction

Appellant’s convictions arose from his actions between August 2, 1987, and August 27, 1987. During this time, appellant wrote numerous checks drawn on two bank accounts, one at City National Bank and one at Bank of Los Angeles. At the time he wrote the checks appellant knew there were insufficient funds in the accounts to cover the checks and all “bounced.” Four of the checks, totalling $995.44, were used to pay for a room at the Le Dufy Hotel.

The grand theft conviction related to the taking from the Le Dufy; the petty theft conviction related to the loss City National Bank suffered; and the other convictions (five counts) related to the passing of bad checks.

*507 Where relevant to the legal issues, other facts are discussed below.

Appellant raises numerous issues. In the published portion of this opinion (pt. II) we determine that the court’s failure to inform…

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