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Name: People v. Ryan
Case #: F047368
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 04/05/2006

The various subdivisions of Penal Code section 470 set forth different ways of committing forgery and are not greater or lesser included offenses. The defendant was convicted of violations of Penal Code section 470, subdivisions (a) and (d), for forgery of the same document under different code sections. After reviewing the legislative and judicial history of forgery laws in California, the court concluded that the various subdivisions of section 470 do not constitute greater or lesser offenses, but are merely different definitions of the same offense. Since the commission of any one or more of the acts enumerated in section 470, in reference to the same instrument, constitutes but one offense of forgery, two of the defendant’s four convictions must be vacated.