Robinson v. Municipal Court

Opinion

RACANELLI, P. J.

Appellants are charged in separate complaints with felony violations of section 11483 of the Welfare and Institutions Code (welfare fraud). Before commencement of the preliminary hearing, each appellant filed a “McGee motion” (People v. McGee (1977) 19 Cal.3d 948 [140 Cal.Rptr. 657, 568 P.2d 382]) to dismiss the complaint on grounds that the prosecution failed to comply adequately with the statutory mandate to attempt restitution prior to institution of criminal proceedings. Upon conclusion of each of the evidentiary hearings, the magistrate denied the requested relief.…