People v. Di Michele
| Citation | 149 Cal.App.2d 277,308 P.2d 365 |
| Decision Date | 19 March 1957 |
| Docket Number | Cr. 5662 |
| Court | California Court of Appeals Court of Appeals |
| Parties | PEOPLE of the State of California, Plaintiff and Respondent, v. Luigi DI MICHELE, Defendant and Appellant. |
Luigi DiMichele in pro. per.
Edmund G. Brown, Atty. Gen., Lynn Henry Johnson, Deputy Atty. Gen., for respondent.
Defendant was charged in two informations with nine counts of forgery of fictitious name, a violation of section 470, Penal Code, by fraudulently and feloniously uttering certain fictitious checks with intent to defraud certain named persons.
In a third information defendant, together with one Mary Amezcua, was charged with five additional such counts. In each information defendant was charged with a prior conviction of grand theft, a felony. This charge was made with respect to each of the several counts. Defendant admitted the prior conviction. The three informations were consolidated for trial. The jury found defendant guilty as charged on all counts. He was sentenced to the state prison, sentences in two of the cases to run concurrently with each other and consecutively with the sentence in the other case. Defendant appeals from the judgment of conviction in all three cases.
In March, 1954, defendant requested Mrs. Mary Amezcua to cash checks under a fictitious name. At his suggestion, Mrs. Amezcua obtained a nurse's registration card under the name of Frances Varga; he assisted her in obtaining the card by driving her to a certain address on Olympic Boulevard in Los Angeles. Mrs. Amezcua was not a nurse. She never used the name Frances Varga other than to pass the checks here in question. It was agreed between defendant and Mrs. Amezcua that he would receive two-thirds and she one-third of the money realized from the checks.
Defendant furnished Mrs. Amezcua with five checks, each in the amount of $46.24, drawn on the Beverly-Vermont Branch of the Bank of America, signed with the name 'J. McLaughlin' and made payable to Frances Varga. This bank did not have an account under the name of J. McLaughlin. In the opinion of a handwriting expert, the handwriting on the checks and on an exemplar made by defendant was that of the same person. Mrs. Amezcua passed the five checks at five different places of business, using the name Frances Varga and the nurse's registration card, and received either cash or merchandise therefor. In due course, the checks were dishonored by the bank. Mrs. Amezcua gave the money received to defendant and he returned one-third to her.
In July, 1956, defendant and a Mrs. King undertook a similar venture. Defendant furnished her with 100 identical checks; they were each for $57.65, drawn on the Highland-Hollywood Branch of the Security-First National Bank, signed with the name 'Dr. Allen A. Corman' and made payable to Alice Burns. Defendant informed Mrs. King that the writing on the face of the checks was his.
There was no account at this bank in the name of Dr. Allen A. Corman. It was proved that the writing on an exemplar made by defendant and that on the checks given to Mrs. King were made by the same person.
Defendant provided Mrs. King with instructions as to cashing the checks. She was directed to cash them on Friday, Saturday and Monday, Because the checks started coming back on the third day.' She was advised to obtain a false address, and defendant went with her when she chose an address on Palmer Street in Los Angeles. Also, in cashing the checks, Mrs. King was instructed to buy just a little merchandise and was to try to obtain as much in cash from the checks as was possible.
Defendant suggested that Mrs. King use the name 'Alice Burns' as 'A's and B's are easier to make on checks and that the name Alice Burns Sounds good.' Mrs. King, at defendant's direction, obtained a temporary driver's license under the name of Alice Burns, and he went with her to show her how to obtain the license without being fingerprinted. Also defendant showed he where to obtain a social security card under the name of Alice Burns. Defendant advised Mrs. King with respect to how she was to dress while cashing checks: 'that a person if they are a nurse, people have more faith in you, they trust you a little more.' Mrs. King was not a nurse and never used the name Alice Burns before this incident.
Mrs. King proceeded to cash the checks at various business establishments. She wore a nurse's uniform and used identification bearing the name Alice Burns. The checks were, of course, dishonored by the bank. Mrs. King shared with defendant the money obtained from cashing these checks. At the conclusion of her activities, Mrs. King returned all uncashed checks to defendant, who destroyed them.
Defendant argues that it was illegal to use his prior felony conviction in all the counts charged against him because this had the effect of...
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...the jury did not believe that Sandidge's purported confession was true and this finding must be accepted on appeal. People v. Di Michele, 149 Cal.App.2d 2778 308 P.2d 365. Defendant also urges as error the fact that the prosecution did not call a handwriting expert to identify the handwriti......
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