People v. Isaac

Opinion

CALDECOTT, P. J.

Appellant was convicted, following a court trial, of violation of Welfare and Institutions Code section 11483 (obtaining by means of false statements aid for a child not entitled thereto in an amount greater than $200) and Penal Code section 118 (perjury). The appeal is from the judgment.

[681]

Appellant does not contest any factual matters herein. A brief summary of the facts is as follows:

On January 29, 1973, appellant applied for Aid to Families with Dependent Children (AFDC) and signed under penalty of perjury, a “Statement of Facts Supporting Eligibility for Assistance,” Form No. WR-2.

. On February 15, 1973, appellant was employed on a full-time basis at the Fairchild Camera and Instrument Corporation, where she remained continuously employed until her voluntary termination on September 27, 1974. In March, April, May, June and July of 1973, appellant signed and submitted monthly income reports to the Welfare Department, denying employment and earnings.

On August 7, 1973, appellant signed another WR-2 form under penalty of perjury, stating therein that she was not employed, had no earnings, and had not been employed or had earnings for the previous three months. In September 1973, appellant requested that her AFDC payments be discontinued, and this termination was effectuated on September 30, 1973. During the period from March 1, 1973, to September 30, 1973, appellant received $715 in AFDC overpayments due to the false statements in her application and income report forms.

On August 28, 1974, the Welfare Department sent appellant a demand letter requesting repayment of the $715. On October 1, 1974, after terminating her employment at Fairchild Camera, appellant reapplied for AFDC. At that time, and in a second interview on October 7, 1974, appellant said she was aware of the overpayment and agreed to repay the amount due by an adjustment to her grant over a period of months.

In November and December of 1974, restitution was commenced through deductions from appellant’s AFDC grant. Two hundred dollars were repaid. On January 20, 1975, appellant requested that her AFDC benefits be terminated, and they were discontinued effective January 31, 1975, thus also terminating the agreed method of restitution. On February 7, 1975, at the preliminary hearing, appellant Offered to have her father make restitution at the rate of $100 per month in exchange for dismissal of the criminal action. The district attorney rejected this offer.