People v. McGee

Opinion

TOBRINER, J.

Section 11483 of the Welfare and Institutions Code, which prescribes criminal penalties for those who fraudulently obtain welfare benefits under the Aid to Families with Dependent Children (AFDC) program, incorporates by reference a statutory requirement that “restitution shall be sought . . . prior to the bringing of a criminal action.” Earlier this year, in In re Sands (1977) 18 Cal.3d 851 [135 Cal.Rptr. 777, 558 P.2d 863], we held that a criminal defendant may not collaterally attack a final AFDC fraud conviction on the ground that the state had failed to seek…