Section 1902 | CALCRIM (Jury Instructions)

Cal.App.4th 602, 619, fn. 6 [21 Cal.Rptr.2d 752].
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Required Additional Findings. Pen. Code, § 473(b).
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Scope of Pen. Code, §473(b). People v. Gonzales (2018) 6 Cal.5th 44 [237
Cal.Rptr.3d 193, 424 P.3d 280].
LESSER INCLUDED OFFENSES
Attempted Forgery. Pen. Code, §§ 664, 470.
RELATED ISSUES
Documents Not Specifically Listed in Penal Code Section 470(d)
A document not specifically listed in Penal Code section 470(d) may still come
within the scope of the forgery statute if the defendant “forges the . . . handwriting
of another.” (Pen. Code, § 470(b).) “[A] writing not within those listed may fall
under the part of section 470 covering a person who ‘counterfeits or forges the . . .
handwriting of another’ if, on its face, the writing could possibly defraud anyone.
[Citations.] The false writing must be something which will have the effect of
defrauding one who acts upon it as genuine.” (People v. Gaul-Alexander (1995) 32
Cal.App.4th 735, 741–742 [38 Cal.Rptr.2d 176].) The document must affect an
identifiable legal, monetary, or property right. (Id. at p. 743; Lewis v. Superior Court
(1990) 217 Cal.App.3d 379, 398–399 [265 Cal.Rptr. 855] [campaign letter with false
signature of President Reagan could not be basis of forgery charge].) See
CALCRIM No. 1902, Forgery of Handwriting or Seal.
Check Fraud
A defendant who forges the name of another on a check may be charged under
either Penal Code section 470 or section 476, or both. (People v. Hawkins (1961)
196 Cal.App.2d 832, 838 [17 Cal.Rptr. 66]; People v. Pearson (1957) 151
Cal.App.2d 583, 586 [311 P.2d 927].) However, the defendant may not be convicted
of and sentenced on both charges for the same conduct. (Pen. Code, § 654; People
v. Hawkins, supra, 196 Cal.App.2d at pp. 839–840 [one count ordered dismissed];
see also CALCRIM No. 3516, Multiple Counts: Alternative Charges for One
Event—Dual Conviction Prohibited.)
Credit Card Fraud
A defendant who forges the name of another on a credit card sales slip may be
charged under either Penal Code section 470 or section 484f, or both. (People v.
Cobb (1971) 15 Cal.App.3d 1, 4, 93 Cal. Rptr. 152.) However, the defendant may
not be convicted and sentenced on both charges for the same conduct. (Pen. Code,
§ 654; see also CALCRIM No. 3516, Multiple Counts: Alternative Charges for One
Event—Dual Conviction Prohibited.)
Return of Property
Two cases have held that the defendant may present evidence that he or she
returned some or all of the property in an effort to demonstrate that he or she did
not originally intend to defraud. (People v. Katzman (1968) 258 Cal.App.2d 777,
790 [66 Cal.Rptr. 319], disapproved on other grounds in Rhinehart v. Municipal
CRIMINAL WRITINGS AND FRAUD
CALCRIM No. 1900
7

another.” (Pen. Code, 470(b).) However, not all writings are included within the
scope of this provision. (Lewis v. Superior Court (1990) 217 Cal.App.3d 379,
398–399 [265 Cal.Rptr. 855] [campaign letter with false signature of President
Reagan could not be basis of forger