People v. Byers CA2/3

INTRODUCTION

After a court trial, defendant and appellant Towana Latrice Byers was found guilty of obtaining aid by misrepresentation (Welf. & Inst. Code, § 10980, subd. (c)(2)) and of perjury (Pen. Code, § 118, subd. (a)). Byers contends that she could be prosecuted under either Welfare and Institutions Code section 10980 or under Penal Code section 118 but not both, and therefore her conviction for perjury should be reversed. Although we disagree with that contention, we find that sentence could be imposed only on one count. We therefore modify the judgment to stay the sentence on the perjury count and affirm the judgment as modified.

BACKGROUND

Based on evidence that Byers received public assistance benefits from Los Angeles County while residing in San Bernardino County, without informing the proper authorities, an information was filed on January 3, 2013 alleging: count 1, obtaining aid by misrepresentation (Welf. & Inst. Code, § 10980, subd. (c)(2)),2 and counts 2 and 3, perjury (Pen. Code, § 118, subd. (a)).

1 We omit a detailed statement of facts, because it is unnecessary to a determination of the discrete issue on appeal. 2 “Whenever any person has, willfully and…