State v. Warren, 7056-8-I

• Decision Date: 21 April 1980
• Docket Number: No. 7056-8-I,7056-8-I
• Citation: 25 Wn.App. 886,611 P.2d 1308
• Parties: STATE of Washington, Respondent, v. Laretta Elise WARREN, Appellant.
• Court: Washington Court of Appeals

Page 886

25 Wn.App. 886

611 P.2d 1308

STATE of Washington, Respondent, v. Laretta Elise WARREN, Appellant.

No. 7056-8-I.

Court of Appeals of Washington, Division l.

April 21, 1980.

Anna-Mari Sarkanen, Public Defender, Appellate Division, Seattle (Court Appointed), for appellant.

Thomas E. Kelly, Jr., Deputy Pros. Atty., Seattle, for respondent.

RINGOLD, Judge.

Laretta E. Warren appeals from a conviction of grand larceny as defined in RCW 74.08.331. ¹

The unchallenged findings of fact show that on June 1, 1976, Warren applied for an aid to dependent children regular (AFDCR) grant. At the time of her application, she stated that the only persons living with her were her two minor children. She was found to be eligible and received monthly payments until December 31, 1977, when she was terminated for failure to notify the Department of Social and Health Services of her remarriage on August 20, 1977. The trial court found that:

(Warren) received $1,542.26 to which she was not entitled by means of the following willfully false statements:

(1) The statement on March 7, 1977, that the number of people eating in her household had increased by one with the addition of her baby son.

(2) The statement of May 2, 1977 that the number of people eating together in her household totaled four.

(3) The statement of May 14, 1977 that indicated that no one other than she and her three children were living in her home.

(4) The statement of November 30, 1977 that she did not know where Terry Warren was.

(5) The statement of November 30, 1977 that she was not married at that time.

Finding of fact No. 21. The trial court also found that Warren received public assistance to which she was not entitled because of the wilful failure to reveal two material facts:

(1) Terry Warren was residing in (Laretta Warren's) household and eating there from February 20, 1977 through December 31, 1977 and (2) (Laretta Warren) married Terry Warren on August 20, 1977 and continued to be married through December 31, 1977.

Finding of fact No. 22. Warren was also found to have unlawfully received public assistance by means of a wilful failure to promptly notify the Department of changes in status affecting her eligibility, namely, that Terry Warren resided in her household from February 20, 1977, through December 31, 1977; that she married Terry Warren on August 20, 1977; and that Terry Warren was working in September 1977. Finding of fact No. 23. Based upon these findings, the trial court concluded that Warren was guilty of grand larceny as defined in RCW 74.08.331.

The sole issue is whether substantial evidence was presented to prove that Warren committed grand larceny under RCW 74.08.331 because she obtained public assistance to which she was not entitled by means of wilfully false statements.

RCW 74.08.331 provides in part that:

Any person who by means of a wilfully false statement, or representation, or impersonation, or a wilful failure to reveal any material fact, condition or circumstance affecting eligibility of need for assistance, . . . as required by law, or a wilful failure to promptly notify the county office in writing as required by law of any change in status in respect to resources, or income, or need, or family composition, money contribution and other support, from whatever source derived, or any other change in circumstances affecting his eligibility or need for assistance, . . . obtains . . . any public assistance to which he is not entitled or greater public assistance than that to which he is justly entitled shall be guilty of grand larceny . . .

(Italics ours.) In State v. Walters, 8 Wash.App. 706, 707-08, 508 P.2d 1390, 1392 (1973), this statute was analyzed as follows (T)he gravamen of the statutory crime is obtaining (or attempting to obtain, or aiding or abetting another to obtain) public assistance to which one is not entitled (or greater public assistance than that to which one is justly entitled) "by means of" one or more of the statutorily condemned devices: (1) wilfully false statement . . . ; or (2) wilful failure to reveal any material fact, condition or circumstance, affecting eligibility or need, as required by law; or (3) wilful failure to promptly notify the department as required by law of (A) any change in status in respect to resources, or income, or need, or family composition, etc., or (B) any other change in circumstances affecting eligibility or need for assistance; or (4) other fraudulent device.

See State v. Jones, 22 Wash.App. 506, 591 P.2d 816 (1979); State v. Bailey, 14 Wash.App. 748, 544 P.2d 778 (1976).

Here, the trial court specifically found in unchallenged finding of fact No. 21 that Warren received public assistance to which she was not entitled by means of five wilfully false statements. Warren does not contest that these statements were made, but contends that the State failed to prove that she received public assistance to which she was not entitled because of the false statements. She argues that even though she did not report her remarriage to the Department, there was no showing that this fact affected her eligibility for public assistance, or that she would not have received the same amount of public assistance under another category, such as AFDCE.

Under RCW 74.08.331, the State sustains its burden if it presents substantial evidence that the person obtains "any public assistance to which he (or she) is not entitled" by means of "a wilfully false statement." The term "public assistance" is defined in RCW 74.04.005(1) as: "Public aid to persons in need thereof for any cause, including...