Is a criminal conspiracy to commit forgery punishable under section 186 of the California Penal Code?

Here, "the alleged [forgery] was directed at the [forgery of the same bills as defendant's] intent to commit [forgery]" so that the same logic should apply. Section 186, subdivision (a) states that when one conspires to commit any felony other than a crime against specified government officials, "they shall be punishable in the same manner and to the same extent as is provided for the punishment of that felony." Since the amendment to section 473 reduced the punishment for forgery to punishment for a misdemeanor, the punishment for conspiracy to commit forgery should be the same. As the majority stresses and Huerta recognizes, conspiracy to violate many misdemeanors may still be a felony. Indeed, People v. Tatman (1993) 20 Cal.App.4th 1 involved a conspiracy to violate provisions of the Fish and Game Code. We are dealing here, however, with a conspiracy to violate provisions within the scope of Proposition 47. The application of the ameliorative provisions of this proposition is entirely consistent with its stated purpose to eliminate felony prison sentences for nonviolent and nonserious offenses.

Therefore, I respectfully dissent.

/s/_________
Pollak, J.

Footnotes:

^1. All further statutory references are to the Penal Code unless otherwise indicated.