STATE v. BAEZA

No. 89-0760-CR.

156 Wis.2d 651 (1990)

457 N.W.2d 522

STATE of Wisconsin, Plaintiff-Appellant, v. Beth M. BAEZA, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided May 9, 1990.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Donald J. Hanaway, attorney general, and Paul Lundsten, assistant attorney general.

On behalf of the defendant-respondent, the cause was submitted on the briefs of Charles Bennett Vetzner, assistant state public defender.

Before Nettesheim, P.J., Brown and Scott, JJ.


BROWN, J.

The state of Wisconsin appeals from an order granting Beth M. Baeza's motion to dismiss one count of welfare fraud, sec. 49.12(6), Stats. We reverse. The state did not abuse its discretion in issuing an information charging welfare fraud, nor is it a violation of Baeza's fifth amendment right against self-incrimination to require her to give the Fond du Lac County Department of Social Services notice of newly acquired income.

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