IN RE ANTAZO

Docket No. Crim. 13857.

3 Cal.3d 100 (1970)

473 P.2d 999

89 Cal. Rptr. 255

In re SIMEON ANTAZO on Habeas Corpus.

Supreme Court of California. In Bank.

September 3, 1970.


Attorney(s) appearing for the Case

COUNSEL

Sheldon Portman, Public Defender, for Petitioner.

Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, and John T. Murphy, Deputy Attorney General, for Respondent.


OPINION

SULLIVAN, Acting C.J.

We are confronted here with the question whether a convicted indigent defendant upon being sentenced or otherwise ordered to pay a fine and a penalty assessment can be required to serve them out in jail at a specified rate per day because he is unable to pay them. As we explain infra, such a defendant has no choice at all and in reality is being imprisoned for his poverty. (1a) Although...

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