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BRADWELL v. SUPERIOR COURT

No. C054546.

67 Cal.Rptr.3d 163 (2007)

156 Cal.App.4th 265

Tina BRADWELL, Petitioner, v. The SUPERIOR COURT of Placer County, Respondent; The People, Real Party in Interest.

Court of Appeal of California, Third District.

October 19, 2007.

Attorney(s) appearing for the Case

Jonathan Richter, Placer County Public Defender, Eric R. Beauchamp, Assistant Public Defender, for Petitioner.

No appearance for Respondent.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, J. Robert Jibson and Peter H. Smith, Deputy Attorneys General, for Real Party in Interest.

DAVIS, Acting P.J.

In this writ of prohibition proceeding, we conclude that a 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. Consequently, we issue a peremptory writ directing the dismissal of such a charge against petitioner Tina Bradwell.

BACKGROUND

Over petitioner's objection at the preliminary...

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