People v. Cobbs

Opinion

ELKINGTON, J. The instant appeal is taken by the People from an order of the superior court setting aside, under Penal Code section 995, an information charging defendants Price M. Cobbs and Stanley Seiderman with certain felonies. Defendant Cobbs, although given notice according to rule 17(b), California Rules of Court, has chosen to file no respondent’s brief on the appeal.

We have concluded, for the reasons we now state, that the subject order should be reversed.

[939]The issue posed is not whether the evidence produced before the magistrate at the preliminary hearing established the defendants’ guilt beyond a reasonable doubt, but only whether the magistrate, acting as a person of ordinary caution and prudence, could conscientiously entertain a reasonable suspicion of the guilt of the defendants. (People v. Tracy, 199 Cal.App.2d 163, 167 [18 Cal.Rptr. 487].)

The defendants were jointly charged with one count of grand theft (Pen. Code, §§ 484, 487), one count of conspiracy (Pen. Code, § 182) to commit grand theft and violations of Penal Code section 72 and Welfare and Institutions Code section 14107, and fifteen counts of violation of Penal Code section 72.

Penal Code section 72 provides:

“Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison for a period of not more than five years, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine.

“As used in this section ‘officer’ includes a ‘carrier,’ as defined in Section 14057 or 14555 of the Welfare and Institutions Code, authorized to act as an agent for a state board or officer or a county, city, or district board or officer, as the case may be.”

Welfare and Institutions Code section 14107 reads:

“Any person who, with intent to defraud, presents for allowance or payment any false or fraudulent claim for furnishing services or merchandise, knowingly submits false information for the purpose of obtaining greater compensation than that to which he is legally entitled for furnishing services or merchandise, or knowingly submits false information for the purpose of obtaining authorization for furnishing services or merchandise under this chapter is punishable by imprisonment in the county jail not longer than one year or in the state prison not exceeding five years, or by fine not exceeding five thousand dollars ($5,000), or by both such fine and imprisonment.