P. v. Hoffman CA6
Defendant Ryon Michael Hoffmann challenges the superior court’s denial of his Penal Code section 1170.18, subdivision (f) application seeking to have his 2004 conviction for possession of a “blank or unfinished” check (§ 475, subd. (b)) redesignated as a misdemeanor. The superior court denied his application because it found that “the face amount of the check in that Count was $1327.56.” Defendant’s original contention on appeal was that the superior court erred in equating the “face amount” of a check with its “value” for purposes of determining whether the value of the check was greater than $950 so as to qualify for relief under section 1170.18. He claimed that “the value” of a check does not refer to the “face amount written on” the check “but is to be determined merely based upon the intrinsic or inherent value of the instrument itself (i.e., the price someone would pay to acquire the instrument).”
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