Legal Opinion
People v. Lowery
California Court of Appeal
Decided February 10, 2017No. H042551PublishedCited by 3 opinions
1Opinion of the Court
Opinion
RUSHING, P. J.
—This case concerns the meaning of the term “value” in subdivision (b) of Penal Code section 473, which makes check forgery a misdemeanor if the value of the check does not exceed $950.
Defendant Brian Lee Lowery tried to cash a stolen forged check, but the cashier determined it was forged and refused to cash it. After pleading no contest to possessing a fictitious check, Lowery petitioned to designate the offense a misdemeanor under Proposition 47. Both the prosecution and Lowery stipulated to his eligibility to have the offense designated a misdemeanor. The trial court,…
2Cases cited16 opinions
- People v. HillCalifornia Court of Appeal · 1998
- Department of Revenue of Ore. v. ACF Industries, Inc.Supreme Court of the United States · 1994
- Hale v. MorganCalifornia Supreme Court · 1978
- People v. HinesCalifornia Supreme Court · 1997
- Arnett v. Dal CieloCalifornia Supreme Court · 1996
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3Cited by3 opinions
- People v. FrancoCalifornia Supreme Court · 2018
- Caretto v. Superior Court of L. A. Cnty., California Court of Appeal, 5th District2018
- Caretto v. Super. Ct.California Court of Appeal · 2018