People v. Lowery
8 Cal. App. 5th 533
| Cal. Ct. App. | 2017Background
- In 2009 Lowery attempted to cash a stolen, forged check written for $1,047.85; the cashier suspected the forgery, contacted the payor, and did not cash it. Lowery was later arrested.
- Lowery pleaded no contest in 2010 to possession of a fictitious check (Pen. Code § 476).
- In 2015 Lowery petitioned under Prop. 47 (Pen. Code § 1170.18(f)) to redesignate the felony as a misdemeanor; the prosecutor and defense counsel signed a stipulation that Lowery was eligible.
- The trial court rejected the parties’ stipulation, relying on police reports that the check was written for $1,047.85 and concluding as a matter of law the statute’s $950/value limit referred to the written amount.
- The Court of Appeal reviewed de novo whether “value” in Pen. Code § 473(b) means the check’s written amount or its actual monetary worth and whether the trial court erred in refusing the stipulated eligibility and in denying an evidentiary hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court was bound by the parties’ stipulation that Lowery was eligible for Prop. 47 relief | The court was not bound because the issue is a question of law (value under § 473) and the court must independently determine eligibility | Lowery argued the stipulation established eligibility and the court abused discretion by rejecting it | Court held the issue is a legal question presented on undisputed facts; it considered the merits rather than enforcing the stipulation automatically |
| What “value” in Pen. Code § 473(b) means — written face amount vs. actual monetary worth | The Attorney General: written amount establishes value; here the check exceeded $950 as a matter of law | Lowery (relying on Cuellar): forged check is a nullity so value is at most intrinsic paper value | Court held “value” means actual monetary worth (economic/fair market sense), not automatically the written amount |
| Whether a forged but uncashed check’s written amount is conclusive proof of its value | AG: written amount can prove value and here it exceeds $950 | Lowery: uncashed/forged checks may have little or no market value; value could be paper-only | Court held written amount is strong evidence but not conclusive; extrinsic evidence may show actual value < written amount |
| Whether an evidentiary hearing was required on the check’s value | AG: defendant failed to show value ≤ $950; no hearing necessary | Lowery: court should have held an evidentiary hearing or accepted stipulation | Court reversed and remanded for an evidentiary hearing on the check’s monetary value and other eligibility facts |
Key Cases Cited
- People v. Cuellar, 165 Cal.App.4th 833 (Cal. Ct. App.) (recognizing forged check is generally a nullity unless accepted; court found minimal intrinsic/potential value)
- People v. Cook, 233 Cal.App.2d 435 (Cal. Ct. App.) (value for theft is fair market value)
- People v. Hines, 15 Cal.4th 997 (Cal.) (legal questions on undisputed facts may be reviewed on appeal)
- Manhattan Sepulveda, Ltd. v. City of Manhattan Beach, 22 Cal.App.4th 865 (Cal. Ct. App.) (ordinary meaning of “value” is fair market value)
- People v. Salmorin, 1 Cal.App.5th 738 (Cal. Ct. App.) (discussing circumstances where written instrument’s face amount may reflect its value)
- People v. Sherow, 239 Cal.App.4th 875 (Cal. Ct. App.) (standard of review for Prop. 47 statutory interpretation)