Gasaway
Gasaway v. Superior Court
Opinion
Opinion
Caldecott, J.
Petitioners Sandra and Otis Gasaway seek a writ of prohibition after the Santa Clara County Superior Court overruled their demurrer to an information charging them with four counts of felony welfare fraud (Welf. & Inst. Code, § 11483, subd. (2)).
On February 15, 1977, the People filed an information in respondent court charging petitioners with four counts of welfare fraud in excess of $200, a violation of Welfare and Institutions Code section 11483, subdivision (2). The information alleged that the offenses occurred on the following dates: Count I, October 1973; count II, November 1973; count III, December 1973; count IV, January 19, 1974 through March 1974.
On March 21, 1977, petitioners filed demurrers to all four counts on the ground that they were barred by the statute of limitations (Pen. Code, § 800). On April 11, 1977, the trial court overruled the demurrer.
The question presented is the applicability of the statute of limitations contained in Penal Code section 800 to Welfare and Institutions Code section 11483.
Penal Code section 800 provides in part: “An indictment for any felony, except murder, voluntary manslaughter, involuntary manslaughter, the…