People v. Allotey CA4/2

I.

INTRODUCTION

Defendant and appellant Barbara A. Allotey pleaded guilty to one count of

CALFRESH or Supplemental Nutrition Assistance Program (SNAP) fraud (count 3) in

violation of Welfare and Intuitions Code section 10980, subdivision (g)(2). In return, the

remaining eleven counts were dismissed and defendant was placed on probation for a

period of three years. Following a restitution hearing, the trial court awarded $1,051,036

in restitution to the United States Department of Agriculture (USDA). Defendant’s sole

contention on appeal is that the trial court abused its discretion in awarding $1,051,036 in

victim restitution because there was insufficient evidence to support that amount. We

disagree and affirm the restitution order.

II.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant’s husband, Simeon Welbeck, owned a convenient store, J & K Market,

in San Bernardino. Defendant worked at the store, which was authorized to accept

USDA SNAP benefits, formerly known as the Food Stamp Program. Between March 11,

2014 and July 7, 2017, two confidential persons completed 22 undercover transactions at

the store. Defendant and Welbeck exchanged a total of $1,319 in SNAP…