People v. Clark

Although separately filed, briefed and argued, we have elected to deal with the above two matters in this single opinion because they both raise problems concerning the jurisdiction and powers of a superior court' in cases involving felony offenses connected with misdemeanor offenses.

In Crim. No. 18243, defendant Clark was charged with a violation of section 11482 of the Welfare and Institutions Code, a misdemeanor, and with a violation of subdivision 1 of section 487 of the Penal Code, a felony. The misdemeanor count and the felony count were properly and necessarily joined by virtue of the rule of Kellett v. Superior Court (1966) 63 Cal.2d 822, 826 [ 48 Cal.Rptr. 366 , 409 P.2d 206 ]. After defendant was bound over to trial in superior court, the matter was continued several times because of a pending Supreme Court decision. In People v. Gilbert (1969) 1 Cal.3d 475, 479-480 [ 82 Cal.Rptr. 724 , 462 P.2d 580 ] the Supreme Court held that a prosecution for welfare fraud could not be prosecuted as grand theft under Penal Code section 487 and that only a prosecution under the misdemeanor statute was permissible. Based on the holding in Gilbert , the grand theft count was…