Groat

Defendant Theresa Groat was indicted by the Grand Jury of Santa Clara County on December 16, 1991, on one count of misappropriating public funds (Pen. Code, § 424). She moved to set aside the indictment (§ 995, subd. (a)(1)(B)) arguing that section 424 was inapplicable to her. The motion was dismissed. After waiving her right to a jury trial, she submitted the issue of her guilt on the transcript of the grand jury proceeding. She was convicted, her sentence was suspended, and she was placed on probation for three years with conditions that she pay restitution of $3,524.50, attend a psychological treatment program, and perform one hundred hours of community service. We affirm.

Facts

Defendant was employed by the City of Sunnyvale Department of Public Safety as the manager of the operations unit. Her immediate superior was Commander Ralph Hem. He testified before the grand jury regarding the role of the operations unit and defendant’s responsibilities. The operations unit maintained police and fire department records and responded to citizen inquiries. There were 15 employees working under defendant’s supervision. Defendant was expected to be at work from 8 a.m. to 5 p.m.…