Durrett

An information was filed in Kern County Superior Court charging appellant with felony welfare fraud in violation of Welfare and Institutions Code section 11483, subdivision (2), and misdemeanor acquisition and use of food stamps in violation of Penal Code section 396. Appellant pleaded not guilty to both counts.

Appellant filed a nonstatutory motion to dismiss the complaint on the ground “the complaint could not be commenced where [the] prosecution did not review or consider restitution prior to institution of the criminal charges.” After a hearing on appellant’s motion, the motion was denied.

Appellant filed a petition for writ of prohibition in this court seeking to set aside the information; we denied the writ.

Appellant then changed her plea to guilty as to the first count. The change of plea was conditioned on being sentenced to felony probation, with service of not more than six months in county jail, restitution of $1,870, and the issuance of a probable cause certificate for the purpose of appeal. The second count of the information was dismissed.

Appellant was sentenced to three years’ probation on the condition she spend 90 days in county jail. She was…