Levels

Facts and Proceedings Below

The Kings County District Attorney filed a complaint against Elnora Levels (appellant) in the Justice Court for the Hanford Judicial District of Kings County on July 26, 1984. Count I alleged that between February 1, 1983, and April 30, 1984, appellant feloniously violated section 11483 of the Welfare and Institutions Code by improperly obtaining aid in excess of $200. Count II alleged that between January 1, 1983, and April 30, 1984, *413 appellant feloniously acquired food stamps in excess of $200 in violation of Penal Code section 396. Counts III and IV alleged that appellant feloniously violated Welfare and Institutions Code section 11483.5 between October of 1983 and January of 1984.

A plea bargain was announced in open court on October 2, 1984, under which appellant waived her right to a preliminary hearing, and the district attorney agreed to dismiss counts III and IV and recommend probation and custody in the county jail in lieu of state prison if appellant pled guilty to counts I and II. On October 17, 1984, the district attorney filed the information in the Tulare County Superior Court repeating counts I and II from the complaint…