Return to CALJIC Part 14-17 – Contents
F 15.00 n1 No Unanimity As To Acts Of Forging And Uttering (PC 470).
In People v. Sutherland (93) 17 CA4th 602 [21 CR2d 752], the court held that California’s forgery statute is not subject to a due process objection on the ground that it combines disparate elements into a single offense. Hence, it does not offend fundamental fairness to allow disagreement among jurors as to whether a defendant has forged or uttered a single instrument so long as they agree the defendant did either with the intent to defraud.
F 15.00 n2 Possession Of False Identification (PC 470b).
Review was granted in People v. Johnson REV GTD (1/28/98, S065957) 58 CA4th 482 [68 CR2d 336] to consider whether possession of a fraudulently altered driver’s license (VC 14610) is a lesser included offense of possession of forged license with intent to commit forgery (PC 470b). Review in People v. Johnson REV GTD (1/28/98, S065957) 58 CA4th 482 [68 CR2d 336] has been dismissed and Johnson has been depublished. [A copy of the Johnson opinion is available to FORECITE subscribers. Ask for Opinion Bank # O-241.]