Posted On: October 23, 2007 by Mary Frances Prevost

WELFARE FRAUD CANNOT RAISE A PETTY THEFT TO A FELONY IN CALIFORNIA

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

Bradwell v. Superior Ct. (People), No. C054546