Akins
People v. Akins
Opinion
Opinion
Stein, J.
Pursuant to a negotiated plea, Lashondra Akins (defendant) pleaded no contest to one count of welfare fraud. The court placed her on probation for five years, on condition that she serve 90 days in county jail. It also ordered defendant to pay restitution to the Department of Health and Social Services of Solano County (Department) in the amount of $9,789. The People filed an appeal, contending that the court should have ordered restitution in the amount of $10,158, based upon the Department’s calculation of overpayment of food stamps and cash benefits.
We shall hold that the court acted within the scope of its discretion to reduce the amount of restitution based upon its conclusion that the method the Department used to calculate the overpayment overstated its loss.
Facts
On October 11, 2001, the District Attorney of Solano County filed a complaint charging defendant with one count of welfare fraud (Welf. & Inst. Code, § 10980, subd. (c)(2)) and multiple counts of perjury (Pen. Code, § 118). The alleged fraud consisted of defendant’s failure to disclose income she received from employment by Pacific Bell, and disability benefits.