(Download) "State v. Micheaux" by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Micheaux
- Author : Supreme Court of Kansas
- Release Date : January 11, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The opinion of the court was delivered by This is a direct appeal by the defendant, Latisa Micheaux, from
her conviction following a plea of guilty to one count of welfare
fraud (K.S.A. 39-720 and K.S.A. 1986 Supp. 21-3701). The trial
judge refused to follow the State's recommendation that defendant
be placed on probation and imposed sentence. Defendant then filed
a timely appeal. The Court of Appeals reversed defendant's
conviction in an unpublished opinion filed June 18, 1987. The
Supreme Court granted the State's petition for review. The sole issue before this court is whether the trial court
lacked jurisdiction to convict defendant Micheaux of welfare
fraud or theft because the information failed to allege a crime.
The facts in this case are undisputed. The complaint/information
charged the defendant with welfare fraud under K.S.A. 39-720 and
K.S.A. 1986 Supp. 21-3701, which provide as follows:
"39-720. Penalty relating to fraudulent acts,
civil actions, evidence. Any person who obtains or
attempts to obtain, or aids or abets any other person
to obtain, by means of a willfully false statement or
representation, or by impersonation, collusion, or
other fraudulent device, assistance to which the
applicant or client is not entitled, shall be guilty
of the crime of theft, as defined by K.S.A.
21-3701; and he shall be required to remit to the
secretary the amount of any assistance given him
under such fraudulent act. In any civil action for
the recovery of assistance on the grounds the
assistance was fraudulently obtained, proof that the
recipient of the assistance possesses or did possess
resources which does or would have rendered him
ineligible to receive such assistance shall be deemed
prima facie evidence that such assistance was
fraudulently obtained."
K.S.A. 1986 Supp. 21-3701:
"21-3701. Theft. Theft is any of the following
acts done with intent to deprive the owner
permanently of the possession, use or benefit of the
owner's property:
"(a) Obtaining or exerting unauthorized control
over property; or
"(b) Obtaining by deception control over property;
. . ."
"Theft of property of the value of $150 or more is
a class E felony. Theft of property of the value of
less than $150 is a class A misdemeanor, except that
theft of property of the value of less than $150 is a
class E felony if committed by a person who has,
within five years immediately preceding commission of
the crime, been convicted of theft two or more
times."