What follows is a statement (court caption excluded) of facts in favor of probation and of circumstances in mitigation of sentence to be submitted to the San Diego County Criminal Court in the case of People v. Edward T., including a preface for the reader.
Edward T. was convicted of a felony under Penal Code ("PC") sec. 470 (intentionally forging a signature on a check). The evidence showed that defendant had forged his signature on three unsigned personal checks of the victim, each in the amount of $95, which defendant negotiated at a local bank by filling in as payee the name of Edward Sawyer, showed the bank a driver's license in that name and forged an endorsement on the check.
PC sec. 1170(b) provides that at the sentencing hearing, the court "shall order imposition of the middle term [for the offense, in this case two years] unless there are circumstances in aggravation or mitigation of the crime. . . .." "In sentencing the convicted person, the court shall apply the sentencing rules of the Judicial Council" and imprisonment is the required sentence "unless the convicted person is given any other disposition provided by law, including a fine, jail, probation or the suspension or imposition of sentence . . ." PC sec. 1203(b)(3) provides that "the court shall hear and determine the application, if one has been made, or, in any case, the suitability of probation in the particular case." "If the court determines that there are circumstances in mitigation of the punishment prescribed by law or that the ends of justice would be served by granting probation, it may place the person on probation."
The Sentencing Rules for Superior Courts are set forth in California Rules of Court, secs. 401-490 (1997). Relevant Rules are Rule 410 setting forth sentencing objectives, Rule 411.5 governing the Probation Officer's Presentence Investigation Report, Rules 413 and 414 setting forth probation eligibility rules and criteria and Ru...