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PEOPLE v. PRESTON

Docket No. E015164.

43 Cal.App.4th 450 (1996)

50 Cal. Rptr.2d 778

THE PEOPLE, Plaintiff and Appellant, v. THERESA PRESTON, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Two.

March 11, 1996.

Attorney(s) appearing for the Case

COUNSEL

Dennis Kottmeier, District Attorney, Joseph A. Burns, Deputy District Attorney, and Dennis Stout for Plaintiff and Appellant.

Elizabeth A. Barranco, under appointment by the Court of Appeal, for Defendant and Respondent.

OPINION

HOLLENHORST, Acting P.J.

The trial court dismissed a welfare fraud prosecution under Welfare and Institutions Code sections 11483 and 109801 because it found that a demand for restitution had not been made prior to the commencement of criminal proceedings. The trial court relied on People v. McGee (1977) 19 Cal.3d...

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