People v. Bobian

LEE, Justice.

The defendant, Reyes Bobian, was convicted of welfare fraud under section 26-2-130, C.R.S.1973. 1 We reversed the judgment.

The defendant, a sixty-five-year-old retiree, who is a statutorily blind person, is accused of receiving Aid to the Blind (AB) benefits in violation of eligibility requirements of the Department of Social Services (department). He received AB benefits each month from December 1969 to March 1977. Each year in question, the defendant signed department declaration of eligibility forms which indicated that he received no railroad retirement benefits. Defendant…