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McDERMOTT v. SUPERIOR COURT

Docket No. S.F. 22844.

6 Cal.3d 693 (1972)

493 P.2d 1161

100 Cal. Rptr. 297

HUGH McDERMOTT et al., Petitioners, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO et al., Respondents; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

February 25, 1972.

Attorney(s) appearing for the Case

COUNSEL

Edward T. Mancuso, Public Defender, John Kaplan and Robert Bartels for Petitioners.

Evelle J. Younger, Attorney General, Herbert L. Ashby, Chief Assistant Attorney General, Doris H. Maier, Assistant Attorney General, Edward P. O'Brien and Gloria F. DeHart, Deputy Attorneys General, for Respondents and for Real Party in Interest.

OPINION

McCOMB, J.

Petitioners seek a writ of mandate or prohibition ordering that respondents cease requiring that they and the class of persons whom they represent post the 25 percent penalty assessment provided for by section 13521 of the Penal Code in order to obtain their release from custody while awaiting trial.

Facts: Two of the petitioners are charged with violating section 11500.5

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