People v. Byers CA2/3

Filed 3/12/15 P. v. Byers CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B252924

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA401202) v.

TOWANA LATRICE BYERS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Barbara R. Johnson, Judge. Modified and, as modified, affirmed.

Christine C. Shaver, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, James William Bilderback II and Robert C. Schneider, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION After a court trial, defendant and appellant Towana Latrice Byers was found guilty of obtaining aid by misrepresentation (Welf. & Inst. Code, § 10980, subd. (c)(2)) and of perjury (Pen. Code, § 118, subd. (a)). Byers contends that she could be prosecuted under either Welfare and Institutions Code section 10980 or under Penal Code section 118 but not both, and therefore her conviction for perjury should be reversed. Although we disagree with that contention, we find that sentence could be imposed only on one count. We therefore modify the judgment to stay the sentence on the perjury count and affirm the judgment as modified. BACKGROUND 1 Based on evidence that Byers received public assistance benefits from Los Angeles County while residing in San Bernardino County, without informing the proper authorities, an information was filed on January 3, 2013 alleging: count 1, obtaining aid by misrepresentation (Welf. & Inst. Code, § 10980, subd. (c)(2)),2 and counts 2 and 3, perjury (Pen. Code, § 118, subd. (a)).3