State v. Oka

KELLEY, Justice. Defendant was charged in Ramsey County with one count of felony theft by wrongfully obtaining assistance (AFDC and medical assistance) in an amount over $2,500 and one count of felony theft by wrongfully obtaining assistance (food stamps) in an amount over $150, Minn.Stat. §§ 256.98, 393.07, subd. 10(a), and 609.52, subd. 3(1) and (2) (1982). The charges covered the period from January 1, 1979 through June 30, 1982. Defendant waived her right to a jury trial and was found guilty by the trial court of both charges. The court sentenced her to 1 year and 1 day in prison but stayed execution for 3 years, with probation conditioned on defendant’s making restitution of at least $2,055. On appeal, defendant seeks (1) an outright reversal of her convictions because the state failed to prove that she intentionally concealed a material fact or knew she was not entitled to the assistance she received or (2) a substitution of a stay of imposition for the stay of execution. There is no merit to either contention. (1) The state’s evidence established (a) a pattern of intentional concealment by defendant from welfare officials of information that was relevant to a determination of her eligibility for benefits and (b) that as a result of the concealment of this information defendant received benefits which she knew she was not entitled to receive. (2) The sentencing court had the option of using either a stay of imposition or a stay of execution of sentence. Minnesota Sentencing Guidelines & Commentary III.A.l. and III.A.101. (1982); State v. Cizl, 304 N.W.2d 632 (Minn.1981). There is no compelling reason why we should interfere with the trial court’s choice of a stay of execution rather than a stay of imposition. State v. Kindem, 313 N.W.2d 6 (Minn. 1981). Affirmed.