Legerretta

Annie Legerretta (also known as Annie Mendoza) and Benito Martinez, codefendants below, appeal from judgments imposing sentence for conspiracy to commit theft (Pen. Code, § 182) and appeal from their convictions of grand theft (Pen. Code, § 487, subd. 1).

Proceedings Below

On August 14, 1968, a two-count indictment was returned charging Annie Legerretta (Annie) and Benito Martinez (Benito) with grand theft committed between April 1, 1950, and February 29, 1968, and with conspiracy to commit grand theft, the overt acts of which were alleged to have occurred September 22, 1967, and March 6, 1968.

Sentences of both defendants to the state prison were imposed on the conspiracy convictions; sentences were suspended upon the grand theft convictions.

The Evidence

Benito was the father of four children born to Annie, of whom Danny, born May 17, 1949, was eldest, the others being David, Manuel and Ramona. Annie first applied for aid to needy children through the San Diego County Welfare Department on March 13, 1950, for Danny and received such aid. Thereafter she made renewal applications from time to time, the last being on September 22, 1967. Later applications covered…