P. v. Herrera CA4/2
On November 17, 18, and 19, 2009, defendant entered a Clearpath Federal Credit Union branch office with the intent to deposit or cash four checks he had written, knowing there were insufficient funds in his bank account to cover the check. The aggregate value of the four forged checks exceeded $950, but the checks individually were each less than $950. Defendant pled guilty to felony burglary (Pen. Code, § 459 ) and admitted one prior strike conviction (§ 667, subd. (e)(1)). After the passage of Proposition 47, defendant filed an application for reduction of his felony burglary conviction to misdemeanor shoplifting (application). The trial court summarily denied the application on the ground the stolen property exceeded $950.
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