P. v. Perry CA5
Defendant Desirae Perry was charged with five counts of perjury (Pen. Code, § 118 [counts 1-5]) and one count of welfare fraud (Welf. & Inst. Code, § 10980, subd. (c)(2) [count 6]). Following a trial, the jury acquitted her on count 1 and convicted her on the remaining counts. The trial court suspended imposition of sentence, placed defendant on formal probation for three years, and permanently disqualified her from receiving cash aid and food stamps pursuant to Welfare and Institutions Code section 11486, subdivision (b)(3). In addition, the court ordered defendant to report to the Revenue Recovery Division for an evaluation of her ability to pay the cost of legal assistance.
On appeal, defendant makes several contentions. First, the trial court should have admitted evidence she returned the welfare benefit overpayments. Second, in contravention of Apprendi v. New Jersey (2000) 530 U.S. 466, 490 (Apprendi), her permanent disqualification from receiving cash aid and food sta
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