People v. Dixon

Opinion

FLEMING, Acting P. J. Rose Dixon, also known as Rose Easley, appeals the judgment (order granting probation) after her conviction for welfare fraud. She was charged with fraud in obtaining aid for her dependent children (Welf. & Inst. Code, § 11483) and in obtaining health care for herself (§ 14014).1 In a nonjury trial she was acquitted on the first charge and convicted on the second.

[433]The evidence, viewed in the light most favorable to the judgment, showed that Dixon separated from her husband and began living with Joseph Easley in 1964 or 1965. Easley fathered her two children, one born in 1967, the other in 1968. In November 1969 she rented a house in the name of Joseph and Rose Easley; the landlady saw Easley at the house on two occasions, and she received money orders for rent from both her and Easley. She told an investigator that Easley was at her house four or five days a week, stayed overnight occasionally, and received his mail there. Easley worked for Hughes Aircraft with gross income of $7,900 in 1970, $12,500 in 1971, and $12,500 in 1972. On his state income tax returns for those years he claimed Dixon as his wife and their two children as dependents, and he listed their address as his.

In December 1969 Dixon applied to the Los Angeles County Department of Public Social Services for welfare for herself and her children. She signed an “affirmation for eligibility” under penalty of perjury, declaring that Joseph Easley was absent from her home, she had no income, and she owned no real or personal property. In June 1970, November 1970, April 1971, September 1971, and May 1972 she again signed affirmations of eligibility denying ownership of any property and denying the presence of Joseph Easley in her home. But in September 1971 Easley took title to a house in joint tenancy with Rose Easley, as husband and wife, and made a down payment of $800 with money borrowed from his credit union. In 1972 he purchased a 1970 Mercury automobile in the name of Joseph or Rose Easley and paid the entire purchase price with money borrowed from his credit union. Between December 1969 and December 1972 the county paid Dixon $7,600 in aid for dependent children and $2,100 for her own health care.

The trial court found that Dixon had violated section 14014 by making false affirmations of eligibility. That section provides: “Any person receiving health care for which he was not eligible on the basis of false declarations as to his eligibility shall be liable for repayment and shall be guilty of a misdemeanor or felony depending on the amount paid in his behalf for which he was not eligible, as specified in Section 487 of the Penal Code.” The court thought it unnecessary for the prosecution to prove Dixon’s ineligibility in fact for welfare health care.