Fortune

Defendant Debra Renee Fortune entered a plea of no contest to a charge of welfare fraud and was placed on probation with specified conditions, including the payment of restitution. The amount of restitution to be ordered was contested and thus determined after submission of written argument on the issue. Ultimately the trial court agreed with defendant’s proposed method of calculating the amount of restitution, and ordered defendant to pay $3,235 in restitution of cash benefits paid by the California Work Opportunity and Responsibility to Kids (CalWORKS) program (formerly Aid to Families with Dependent Children) and $44 in restitution for overpayment of food stamps. This timely appeal by the prosecution raises the sole issue of whether the trial court erred in its determination of the proper amount of restitution for food stamp over-issuance. We find no error in the trial court’s method of calculation and affirm.

I.

BACKGROUND

The underlying facts in this case are not in dispute. Defendant received public aid in the form of cash aid from the CalWORKS program and food stamps during the period from January 1, 2001 to August 1, 2001. Defendant failed to report income from…