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MORSE v. MUNICIPAL COURT

Docket No. S.F. 23115.

13 Cal.3d 149 (1974)

529 P.2d 46

118 Cal. Rptr. 14

KENNETH A. MORSE, Petitioner, v. THE MUNICIPAL COURT FOR THE SAN JOSE-MILPITAS JUDICIAL DISTRICT OF SANTA CLARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

December 17, 1974.

Attorney(s) appearing for the Case

COUNSEL

Sheldon Portman, Public Defender, Philip H. Pennypacker and Frank D. Berry, Jr., Deputy Public Defenders, for Petitioner.

Rose Elizabeth Bird as Amicus Curiae on behalf of Petitioner.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, W. Eric Collins, Thomas W. Condit and Rodney J. Blonien, Deputy Attorneys General, for Respondent and for Real Party in Interest.

OPINION

WRIGHT, C.J.

Petitioner Kenneth A. Morse, charged with possession of marijuana, seeks a writ of mandate commanding respondent municipal court to divert him from criminal prosecution to a special rehabilitative treatment center afforded to first-time drug offenders. (Pen. Code, §§ 1000-1000.3.)1 Petitioner's principal contention is that it was...

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