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Name: People v. Mares
Case #: E042136
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 09/27/2007
Summary

A bank withdrawal slip is a “check” for purposes of Penal Code section 475, subdivision (c). Mares went to a bank with a completed withdrawal slip which he used to withdraw $5000. from a car dealership’s bank account. On appeal, he contended that he could not be convicted of possessing a completed check with the intent to defraud because a bank’s withdrawal slip does not fall within the plain meaning of the word “check.” The appellate court rejected the argument, finding that a withdrawal slip is a standard form supplied by the bank which may be used as a “draft.” It does not matter whether a “draft” is in the form of a withdrawal slip or a personal check. Mares’ signature on the bank’s form requesting payment of $5000 was a “completed check” for purposes of the statute.