PEOPLE v. GARCIA

No. S124090.

48 Cal.Rptr.3d 75 (2006)

39 Cal.4th 1070

141 P.3d 197

The PEOPLE, Plaintiff and Respondent, v. Cathy Dawn GARCIA, Defendant and Appellant.

Supreme Court of California.

August 28, 2006.


Attorney(s) appearing for the Case

Elizabeth M. Campbell, Sacramento, under appointment by the Supreme Court, and Sally P. Brajevich, under appointment by the Court of Appeal, for Defendant and Appellant.

Legal Services of Northern California, Gary F. Smith, Sacramento; Western Center on Law and Poverty, Richard A. Rothschild, Los Angeles, Dora Lopez and Robert D. Newman for Legal Aid Association of California as Amicus Curiae on behalf of Defendant and Appellant.

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Janet E. Neeley, Stephen G. Herndon, Maggy Krell, David Andrew Eldridge, Paul E. O'Connor, Janis Shank McLean and Donald E. deNicola, Deputy Attorneys General, for Plaintiff and Respondent.

David Labahn; Greg Gibeson, Assistant Deputy District Attorney (Alameda); and Stan Kubochi, Deputy District Attorney (Sacramento) for California District Attorney's Association as Amicus Curiae on behalf of Plaintiff and Respondent.


MORENO, J.

Nearly 25 years ago, we held in People v. Sims (1982) 32 Cal.3d 468, 186 Cal.Rptr. 77, 651 P.2d 321, that a welfare recipient who has been exonerated of fraud charges by the Department of Social Services in an administrative hearing cannot be criminally prosecuted for welfare fraud, because...

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