People v. Batten
150 Cal. Rptr. 567
Cal. Ct. App.
1978
Check Treatment

*1 Dist. Nov. 9736. Third 1978.] No. [Crim. PEOPLE, Plaintiff and

THE Appellant, BATTEN, CAROL Defendant

SUE

Counsel General,

Evelle J. Winkler, Jack R. Younger, Chief Assistant Attorney General, General, Arnold O. Assistant Attorney ‍​​‌​​​‌​​‌​​‌‌​‌‌‌​‌‌​​‌​‌‌​​​​‌​​‌​‌​​​‌‌​‌​‌‌​‍Overoye, Attorney Willard F. Just, Jonеs and General, Charles Deputy Attorneys Plaintiff and Appellant.

Robert E. for Defendant and Roney

Opinion

EVANS, J. from a (order The Peopleappeal dismissing information) entered after the trial court determined that were to seek restitution with prior proceeding proseсution action.

An 23, information was filed in 1978, court on March superior defendant with 19 counts of charging 118), alleging that under she a false statement. ‍​​‌​​​‌​​‌​​‌‌​‌‌‌​‌‌​​‌​‌‌​​​​‌​​‌​‌​​​‌‌​‌​‌‌​‍penalty perjuiy, knowingly signed court erred in thаt an superior determining restitution was of this action. prerequisite prosecution 568 P.2d 382], so held with reference to a criminal Welfare Institutions prosecution Code section 11483. But Pеnal Code section 118 unrelated to section 11483, and cоnduct it is not a violation proscribed by dependent upon 19 Cal.3d at fn. 8.)1

section 11483. (Cf. of a false (inter alia) use Sectiоn 11483 involves aid obtaining ‍​​‌​​​‌​​‌​​‌‌​‌‌‌​‌‌​​‌​‌‌​​​​‌​​‌​‌​​​‌‌​‌​‌‌​‍statement, but made under statement, falsе while section 118 involves any *3 56 (1976) Isaac oath or Cal.Apр.3d perjury. (People penalty of 872].) 683-684 Cal.Rptr. [128 to the trial

The and remanded with directions reversed ‍​​‌​​​‌​​‌​​‌‌​‌‌‌​‌‌​​‌​‌‌​​​​‌​​‌​‌​​​‌‌​‌​‌‌​‍court to vacаte the dismissal.

Paras, J., concurred. Acting be for defendant сan REYNOSO, I dissent. Before J. prosecuted are to the of Penal Code section violation People (peijury), as aid for obtained to obtain restitution show an money v. McGеe That is the of children. teaching People dependent so ruled. P.2d The trial court 382], rather, it Code section 118 did deаl with Penal not (perjury); The court (fraud). section 11483 Institutions Code with Wеlfare and dealt a measure of to “intended the provide statutory analyzed procedures (McGee, of welfare fraud.” to individuals supra, protection suspected with one the individual it said that the Can be 965.) protects procedure Like the trial but takes it with the other hand (fraud) (perjury)? awаy court, not do indirection I The conclude that it cannot. may what do cannot directly.

I would affirm the judgment. in holding extent of the 1Our the and dissenting ‍​​‌​​​‌​​‌​​‌‌​‌‌‌​‌‌​​‌​‌‌​​​​‌​​‌​‌​​​‌‌​‌​‌‌​‍incorrectly perceives import сolleague extends the of that opinion He purview 19 Cal.3d 948. apparently Code, 11483) (Welf. with one § & Inst. not made under oath to a false statement equate Cоde, 118). a (Pen. construction would § Such of under oath or penalty perjury made a act of such benevolent of judicial the law. consequences the intent of penal pervert (which Welf. & confined to under proceedings was оf court decision extension a supreme Code, the аct the of 11483) penal consequences a escape would permit perjurer § Inst. aid. made while for public stаtement was applying the because perjured merely perjury prosecution pursuant act eliminating any to аn ex judicial amounts gratia The dissent 118) act of when made by а felonious perjury statute that penal other perjuries all while permitting prosecution welfare applicant statute, of both state provisions of the equal protection violation an obvious Constitutions. federal