P. v. Davenport CA2/8
Defendant appeals from the denial of his application under Penal Code section 1170.18, which sought to reduce his felony convictions to misdemeanors.
In November 2005, defendant deposited via an ATM a counterfeit check in the amount of $24,981.82, purportedly drawn on a business, into a bank account in the name of Daniel DuBois. He appeared at the bank, the next day, and attempted to withdraw $24,000 from the account in a cashier’s check. He presented a fake driver’s license in the name of DuBois, and filled out a withdrawal slip in that name. The bank did not process the withdrawal. Instead, bank employees contacted police, who arrested defendant. There is a Daniel DuBois – the driver’s license is not his, he never had an account at the bank, and he does not know defendant.
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