good morning my name is paul turner i'm with the federal public defender office for the district of that i'm representing jenny gold in the in this case i'd like to reserve two minutes for gauntlets on my place as the court is well five point one three zero to be convicted of passing a bad check you have to have either insufficient funds lack of property for lack of credit the case was was pled against or in the amended information solely on the basis of lack of sufficient funds we don't contest that she certainly lacks sufficient funds we contend of course that she had credit she had credit because she had a check guarantee agreement with the nevada federal credit union clear or not it doesn't say it's going to be charged against her account we honor that's the agreement so how can you say she has credit she has a line of credit five hundred dollars and she had about twenty two dollars a right i think that's correct and that's in the bank so she didn't have to credit the bank had notified or one response would be as we argue that if you look at the statements account obviously your honour's of all looked at him closely if you look at the statements account you'll see that there are advances advances credit advances that are on those accounts now that's what the bank treats them that this credit advanced is whether they however for whatever reason they do that those are credited vance's that are that are and i believe the december statement shows shows some advances i'm not i don't think the word credit is in that statement but it certainly shows some advances there generally are bad checks as and that and they have been paid so as far as i know no pay when it gets to them that the supreme court their opinion reviews only the lack of sufficient funds they never mention the word credit they act as if the statute doesn't even have the word credit in it it was properly briefed to them  something that's not a crime well she was she was not charged completely under the statute she was charged partially under the statute the proper way to charge it i believe would be to allege that they did that the defendant laughs sufficient fines property or credit be convicted of a crime you weren't charged for you know i think you have to be properly charged to be convicted now and i don't think that that's i think that's an incomplete charge i think it could be amended and probably liberally would be but there was never any motion to amend hundred nine before she was arrested and or prosecuted the statute was amended to make two hundred fifty dollars a felony none of the checks were a felony in one thousand nine hundred nine on now the checks are a felony today in the aggregate they would have been one felony because there's a time of the act so i mean that that the invalid saving clause doesn't say the statute doesn't control that that the change in the law was not a superseding law but it was a it was a reclassification of what a felony is and this demeanor and that that would apply at the time that the prosecution occurs that we make that argument i don't know that there's any clear cut well on that i cite a couple of cases from other areas but you know i think that's a debatable subject and in our view at least is that it was simply a reclassification and that she was entitle t you have to add up all the checks that might come back and make a claim about five hundred forty two dollars so so with your august five charts what else was floating out there so the bank had a pattern here of paying paying checks that were returned whatever they may have said to her or not said to her they paid the checks and i hate to reiterate but that's our position is that's credit if my bank's putting money out from my checks they're giving me credit they can call it what they want that's credit that gives that's giving me credit but the car i'm ok rose as i understand it at the time share price t rupture they also used the same phrase later they say transferred from the line of credit to clear one of the checks they considered that a line of credit to still exist obviously that's their terminology and that that big not only point out not totally agree with what you're sentencing structure the results of that are still being paid for by her she's not a free person she's earned freedom she spent almost twelve years in prison eleven to twelve years she's been a model person on parole start two days ago happy to say she earned her freedom she's won't have her freedom unless something happens here she will still be on parole the rest of her life after ten years you can apply to have a change but there's no certainty that will ever happen just reports of parole officer a regular basis  good morning may it please the court my name is fictional z i'm a senior deputy attorney general of the state of nevada if i could address some of the course questions you're absolutely right your honor there was twenty two dollars left in that line of credit at the point when these checks started there were three aspects of the account she opened it with some money she also opened a savings account at that time with a few dollars and she got this five hundred dollar line of credit just got a check guarantee card the very next day on the thirteenth of november that five hundred dollar line of ct testimony was from ms ayres was that the what she said was on the same day on november thirteenth of one thousand eighty seven the defendant advanced the full amount out of the line of credit and the line of credit at that point by my reading of mr is testimony went down to nothing on the between january fifth of one nine hundred eighty eight and january twelfth of one nine hundred eighty eight fourteen checks were presented for about two thousand dollars nope no deposits had been made to the account all of those were returned on january twelfth of one thousand nine hundred eight the checking account at this point in time was now in the negative because the bank was charging fees for the bad checks and i think it's twenty dollars per  so the checking account at that point in time was in the negative for the checking account was closed by the bank on january twelfth one thousand nine hundred eighty eight advised them that she was sent a letter if it's questionable whether or not she from the record is that the account was closed prior to these checks clearing this these checks started i think they were dated on the eighteenth of january and they i think they went for about five days they were all to they were they were cast at a grocery store some were cast for cash store called alpha beta in las vegas some were cashed just for cash and some were in exchange for groceries the difficulty i checks were coming in and prior to that prior to the account being closed there was twenty two dollars of money left in the line of credit there's nothing or negative balance in the checking account the bank was obligated to the merchant to pay those checks whether or not there were funds and you count because that's the way the check guarantee card work and the benefit to them obviously to these credit union employees is that they know that they at least can cash or they can use the check because the check here in t card but mr harris was very clear that the bank never did it was not part of the contract for that amount ever to go over five hundred dollars toward the end of january the last the ending right absolutely so you've got a big problem here you've got a problem we've got checks being the bank stands behind them actually pays them the people who are taking the checks no they're not know send somebody to break your leg over completely silent as to whether there's a better credit or relationship triggered by the right between big checks were given to the store and the checks were not covered by the person who wrote the check out so the bank had to cover the check and the bank then in that case where fraud merchant delivered some paper to the no nothing to show that when they did that this was a loan ok it was never done it doesn't mean that they wouldn't cover the check we do know they will cover the checks because it's sort of that yes and since you don't have evidence as debt after the crime had been committed the crime was committed when that check was passed knowing there was no money in a line and one committed and when you pass a truck and you know that when the check to the bank the person who receives the track will get the money what crime is being committed the crime is your intent not to pay with your fines or your five hundred dollar line of credit that's where the crime took place so i think this is different than a civil action and the here was at the time that check those checks were written at that moment so we're just saying is that it was not an additional five  this kind of case according to heirs testimony that was not a loan that was the testimony what you call it when you have asked for money let's say for example you you don't have money for bus fare the bus company and then after the fact you come in and say i will cover you and i'll pay the bus company back but that's after the fact that's not simultaneous because of the time you pay the check the people take the the difference here is there is a relationship that check errancy card forms a relationship between the bank and the store in this case that relationship is separate from the fact that johnny gold previously i didn't want to overstate any of the facts in this case it was a question about the letter sent to miss gold and the first letter in january that there is evidence in the record that it was a start a five letter but after going back through the record to prepare for today i have some doubts that that letter was certified the letter that was start a fight later was sent to a las vegas address but received in california not las vegas from california and council very candidly and knowledge now appreciate that that it's questionable whether she received that first letter and i think that's absolutely clear by want to be sure the court and i didn't overstate something in the record thank you and let's not forget the trial of the criminal case the defendant it reduced for a balanced checkbook from day to