PEOPLE v. PEART (1981)

Court of Appeal, Third District, California.

The PEOPLE, Plaintiff and Respondent, v. Richard Carl PEART, Defendant and Appellant.

No. CR. 10989.

Decided: March 03, 1981

Kingston & Sare, Dale L. Sare, South Lake Tahoe, for defendant and appellant. George Deukmejian, Atty. Gen., Robert H. Philibosian, Chief Asst. Atty. Gen., Arnold O. Overoye, Asst. Atty. Gen., Willard F. Jones and Garrick W. Chock, Deputy Attys. Gen., for plaintiff and respondent.

Defendant pleaded guilty to five counts of forgery (Pen.Code, § 470). He was sentenced to the upper term of three years on one and consecutive terms aggregating two and two-thirds years on the others. He claims error in imposition of the upper term, in failing meaningfully to consider factors in mitigation, in imposing consecutive sentences, and in failing to commit defendant to CRC. He also claims that the aggregate of 68 months is cruel and unusual punishment.

We have consulted the record as to all the claims of error and abuse of discretion and find that the trial court acted properly and lawfully in all respects. The true essence of defendant's claims is that the crime of forgery, being nonviolent, is also so trifling that prison sentences for it are never appropriate. That is not the law. The trial judge did his duty, violated no rights of defendant, and committed no error.

The judgment is affirmed.

PARAS, Associate Justice.

REGAN, Acting P. J., and EVANS, J., concur.

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