Dale

Appellant was charged with grand theft in two counts of an information which alleges that during the two different periods of time specified therein, appellant “did willfully, unlawfully and feloniously take money of an amount in excess of two hundred and 00/100 Dollars ($200.00), lawful money of the United States, the personal property of State of California Department of Employment, ...”

Appearing with counsel, appellant in due form entered her plea of guilty to both counts, and on October 14, 1964, a judgment of conviction was entered thereon sentencing her to prison for the term prescribed by law. On October 20, 1964, appellant appeared by substituted counsel and moved to vacate the judgment of conviction, to withdraw her plea of guilty, and for leave to substitute a plea of guilty to a charge of violating section 2101 of the Unemployment Insurance Code.

While admitting that she stole in excess of $6,000 of state funds, appellant nevertheless urged her basic contention that the trial court was without jurisdiction to try her on any charge other than that of violating section 2101 of the Unemployment Code which declares that “It is a misdemeanor to wilfully make a false…