Bradwell v. Superior Court

Opinion

DAVIS, Acting P. J.

In this writ of prohibition proceeding, we conclude that a welfare fraud conviction under Welfare and Institutions Code section 11483 cannot be used as the prior (theft-related) conviction for a Penal Code section 666 criminal charge of petty theft with a prior. Consequently, we issue a peremptory writ directing the dismissal of such a charge against petitioner Tina Bradwell.

Background

Over petitioner’s objection at the preliminary hearing, the Placer County trial court held petitioner to answer a charge of “petty theft with a prior” (Pen. Code, § 666), where the…