Hudson
People v. Hudson
Opinion
Opinion
Corrigan, J.
Defendant Georgetta Tranquility Hudson was ordered to pay restitution to the Solano County Department of Health and Social Services (the Department) for welfare fraud. Because the court erred in declining to order restitution for excess food stamp benefits, we reverse and remand.
BACKGROUND
Between 1997 and 2001 defendant received unemployment and disability benefits, Aid to Families With Dependent Children (AFDC), and food stamps. During this period she was required to make periodic AFDC and food stamp applications. As a result of her failure to report the full amount of her unemployment benefits and wages, she was overpaid more than $7,000 in cash and additional amounts in food stamps. The issue before us concerns the amount of restitution for the food stamp overpayment.
After Hudson pleaded no contest to one count of welfare fraud, she was placed on probation with various conditions including victim restitution. At a restitution hearing, Department employee Tina Williams testified that the Department calculated its reimbursement figures for AFDC and food stamp overpayments using two different formulae. In calculating cash overpayments, the Department used the same…