Wolfe

—Sandy Harris, owner and manager of Pacific Coast Screen Printing (hereinafter PCSP) in Milpitas, began doing business with defendant Debra Wolfe in April 1987. Defendant set up an account with Harris for PCSP to supply her business, Air Wolfe, with printed T-shirts and sweat shirts for defendant to distribute to military shows throughout the country. In July and August of 1987 Harris received three checks from defendant to pay for shirts PCSP printed and delivered to Air Wolfe. The checks bounced and were never made good.

As a result, defendant was charged with three counts of issuing checks without sufficient funds (Pen. Code, § 476a, subd. (a)). In the jury trial which ensued, defendant was found guilty of counts I and III; the trial court acquitted defendant on count II pursuant to Penal Code section 1118.1. Defendant was sentenced to three years and eight months in state prison and ordered to pay a $5,000 restitution fine and an additional $7,511.73 in restitution to the victim.

Relying upon the authority of People v. Poyet (1972) 6 Cal.3d 530 [ 99 Cal.Rptr. 758 , 492 P.2d 1150 ], defendant contends the evidence was insufficient to support her two convictions for…