People v. Ford

BROWN (Gerald), P. J.

This is an appeal from a judgment of conviction of four counts of grand theft of Aid to Needy Children funds (Pen. Code, §§ 484-487), covering the period from August 1963 through March 1964. The trial court deemed all counts to be misdemeanors.

Defendant and her children were receiving a welfare grant in December 1962. At that time she told a welfare department social worker that no unrelated adults lived with her family and that Anthony Vitone, the father of one of her children, was living elsewhere. Defendant swore in writing that all the information furnished the welfare department in connection with her application for welfare funds was true and that she would notify the welfare department of any information regarding Vitone’s return to her home.

The social worker again saw defendant in April 1963 and obtained a sworn statement regarding restoration of aid; observed she was pregnant; defendant said Anthony Vitone was the father. In May 1963, defendant applied for additional welfare funds for the unborn child. She affirmed under oath that Vitone was the father.

As early as 1960 both Vitone and defendant had been told of the consequences of his living with her. This warning was given them by an investigator from the district attorney’s office. Vitone denied responsibility to support defendant because he was not living with her.

In July 1963, Vitone gave his employer defendant’s address as his residence. The employer later saw Vitone’s automobile at defendant’s residence.

On October 7, 1963, defendant wrote her welfare department social worker that Vitone was staying in the house, paying room rent. She was promptly told that, since he was living in her home, his total income would have to be considered in the family budget. This meant that if his net earnings exceeded the amount of aid she would receive if he were absent from her home, her payments would be termi

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nated. On November 5, defendant told the welfare department that Vitone had moved out of her house as of October 15.

Vitone was found at defendant’s house by the social worker at 9 a.m. in late December 1963. In early January 1964, defendant signed another welfare department form necessary for continuing aid; she again declared there were no unrelated adults living at her residence.