People v. Jordon

Opinion

MORRIS, J.

This is an appeal by the People of the State of California from a dismissal pursuant to Penal Code section 1385 of an information charging the defendant Josephine Jordan with welfare fraud (Welf. & Inst. Code, § 11483).

Following her arraignment in superior court, defendant made a motion to dismiss the information on the ground that the state had failed to seek restitution from the defendant prior to the bringing of the criminal action as required by Welfare and Institutions Code section 11483.

Treating the defendant’s motion as a demurrer, the court sustained the demurrer,…