People v. Aguirre

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Aguirre was detained by store personnel after attempting to pay for purchases with a suspected counterfeit $100 bill. She was placed under arrest by a responding police officer, who, searching her purse, found $1,130 in counterfeit $100, $20 and $5 bills, plus 40 “washed out” $1 bills the officer believed were on their way to becoming counterfeit $100 bills. Defendant was charged with several felonies, including forgery, Penal Code 476. She pleaded no contest. The following year, Aguirre sought to recall her sentence under Proposition 47, Penal Code 1170.18) for resentencing as a misdemeanor. The court denied her petition because the value of the counterfeit currency exceeded $950. Aguirre argued that the court should follow cases holding the face amounts of forged checks cannot be aggregated for purposes of Proposition 47. The court of appeal affirmed. The forged check cases are inapplicable; the total amount of counterfeit currency possessed by a defendant at a given time determines whether the crime of possessing counterfeit currency remains a “wobbler” or must be charged and sentenced as a misdemeanor. Otherwise, there could never be a felony conviction for possession of counterfeit currency, even for a suitcase of bogus bills, because the largest denomination the Federal Reserve prints in paper currency is $100. View "People v. Aguirre" on Justia Law