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SILVA v. MUNICIPAL COURT

Docket No. 34674.

40 Cal.App.3d 733 (1974)

115 Cal. Rptr. 479

EDWARD SILVA, Petitioner, v. THE MUNICIPAL COURT FOR THE OAKLAND-PIEDMONT JUDICIAL DISTRICT OF ALAMEDA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, First District, Division One.

July 19, 1974.

Attorney(s) appearing for the Case

COUNSEL

Hodge & Zweig, Joseph L. Matthews, Richard A. Hodge, Stokes, Clayton & McKenzie, Earl G. Stokes, Charles C. Marson, Joseph Remcho, Deborah Hinkel and Peter E. Sheehan for Petitioner.

Thomas F. Coleman and Albert L. Gordon as Amici 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 and Sanford Svetcov, Deputy Attorneys General, for Respondent and for Real Party in Interest.

OPINION

ELKINGTON, J.

This proceeding in mandate concerns California's Penal Code section 647, subdivision (a), which provides that every person: "Who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view," is guilty of a misdemeanor.

Edward Silva, the petitioner, stands charged...

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