Shults

Opinion certified for partial publication. [*]

OPINION

PUGLIA, P.J.

In People v. Sims (1982) 32 Cal.3d 468 [ 186 Cal. Rptr. 77 , 651 P.2d 321 ], the Supreme Court held that collateral estoppel bars the state from criminally prosecuting for welfare fraud a defendant who was exonerated of that charge in an administrative fair hearing before the state Department of Social Services (at p. 489). After a plea of nolo contendere, defendant seeks in this appeal to raise collateral estoppel arising out of facts similar to those in People v. Sims . In the published part of this opinion (see Cal.Rules of Court, rule 976.1), we hold that defendant's plea of nolo contendere forecloses review of the trial court's denial of defendant's motion in limine to admit evidence of the administrative fair hearing; accordingly, defendant's claim of collateral estoppel lacks support in the record and is not cognizable on appeal.

An information charged defendant with fraudulent receipt of welfare payments in excess of $200, a felony (Welf. & Inst. Code, § 11483) and numerous counts of perjury (Pen. Code, § 118). The criminal charges were based upon the alleged presence in defendant's household of the…