248 Cal. App. 4th 77
Cal. Ct. App.2016Background
- In May 2012 probation officers found Heath Maynarich in possession of three counterfeit $50 Federal Reserve notes.
- He pled no contest to one count of forgery (Pen. Code §475) and received felony probation.
- After Proposition 47, Maynarich petitioned under Penal Code §1170.18 to recall his sentence and reduce the conviction to a misdemeanor under amended §473(b).
- §473(b) as amended makes forgery of a check, bond, bank bill, note, cashier’s check, traveler’s check, or money order punishable as a misdemeanor where the item’s value does not exceed $950.
- The trial court denied relief, concluding counterfeit currency is not a “bank bill” or “note” and therefore §473(b) did not apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counterfeit U.S. currency qualifies as a “bank bill” or “note” under Penal Code §473(b) (Prop 47) | AG concedes U.S. currency is equivalent to “bank bills” or “notes,” making the offense eligible for misdemeanor resentencing | Maynarich argued currency is not a bank bill/note (those are negotiable instruments), so §473(b) does not apply | Court held Federal Reserve notes qualify as “bank bills”/“notes”; defendant is eligible for resentencing under §1170.18 unless the court finds an unreasonable public-safety risk |
Key Cases Cited
- People v. Bedilion, 206 Cal.App.2d 262 (discusses historical equivalence of bank bills/notes and notes issued by Federal Reserve banks)
- People v. Ray, 42 Cal.App.4th 1718 (treats “bills” in counterfeit statute as including Federal Reserve notes)
- People v. Clark, 10 Cal.App.4th 1259 (possession of counterfeit currency can constitute a §475 forgery conviction)
- People v. Hoffman, 241 Cal.App.4th 1304 (§473 governs sentencing for forgery offenses)
- In re J.L., 242 Cal.App.4th 1108 (discusses Proposition 47 resentencing framework)
- People v. Sherow, 239 Cal.App.4th 875 (same)