P. v. Scott
In the present case (San Diego Super. Ct. no. SCD183946), a jury convicted Mark Anthony Scott of four counts of forgery (Pen. Code, S 470, subd. (d); counts 1 to 4) and two counts of grand theft (S 487, subd. (a); counts 5 and 6), arising out of two real estate transactions for which Scott was the real estate agent. Scott then waived a jury trial and admitted he had suffered a prior serious felony conviction which constituted a strike under the Three Strikes law (SS 667, subds. (b) (i), 1120.12). Three weeks later, Scott pled guilty in San Diego Superior Court case number SCD194748 for failure to appear while on bail (S 1320.5) and pled guilty in San Diego Superior Court case number SCD186986 to writing a check on nonsufficient funds (S 476a, subd.(a)). The trial court sentenced Scott to a total prison term of 10 years, consisting of seven years, four months for this case plus 16 months consecutive for each of the other two cases.
Defendant appeals only from the current case, contending he was denied his federal constitutional right to due process because the court erroneously denied his motion to sever the forgery counts from the theft counts, erroneously excluded evidence under Evidence Code section 352 relevant to his defense, and erroneously admitted inconclusive testimony of a handwriting expert based on limited review of questioned documents. Defendant claims the cumulative effect of these errors of law denied him his federal and state constitutional rights to a fair trial. Court affirm.
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