California Court of Appeal

In case where trial court held petitioner to answer a charge of petty theft with a prior, charge is dismissed as welfare fraud conviction under Welfare and Institutions Code section 11483 cannot be used as the prior (theft-related) conviction for a Penal Code section 666 criminal charge of petty theft with a prior.

Appellate Information

• Decided 10/19/2007
• Published 10/19/2007

Judges

• DAVIS, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Jonathan Richter, Placer County Public Defender, Eric R. Beauchamp, Assistant Public Defender, for Petitioner., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, J. Robert Jibson and Peter H. Smith, Deputy Attorneys General, for Real Party in Interest.


• For Appellees:
  
• No appearance for Respondent.