Ramirez

Defendant Rebecca Ann Ramirez was convicted of receiving aid by misrepresentation (misrepresentation) (Welf. & Inst. Code, § 10980, subd. (c)(2)) and perjury (Pen. Code, § 118). Defendant appeals, claiming she could not be convicted of both misrepresentation and perjury arising from the same activities because the misrepresentation statute is a specific statute precluding prosecution under the general statute defining perjury. In addition, she argues the evidence was insufficient to prove that her misrepresentation arose in the context of “Aid to Families with Dependent Children” (AFDC) and thus this case is not subject to the general/specific exception as applied in People v. Jenkins (1980) 28 Cal.3d 494 [ 170 Cal.Rptr. 1 , 620 P.2d 587 ] regarding AFDC benefits. We disagree and affirm.

Factual and Procedural Background

Defendant and Robert are the parents of S., who was bom in 1998. The parents initially lived together when S. was a baby, but eventually separated. Robert paid child support to defendant for S.

In August of 2004, defendant applied for food stamps and cash aid, claiming that S. lived in her home at least 50 percent of the time. Defendant would not…