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JOHNSON v. MUNICIPAL COURT

Docket No. 40650.

70 Cal.App.3d 761 (1977)

139 Cal. Rptr. 152

DAVID JOHNSON et al., Petitioners, 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 Three.

June 16, 1977.

Attorney(s) appearing for the Case

COUNSEL

James C. Hooley, Public Defender, and Keith A. Kellum, Assistant Public Defender, for Petitioners.

No appearance for Respondent.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General,

Thomas A. Brady, Gloria F. DeHart and John B. Moy, Deputy Attorneys General, for Real Party in Interest.

OPINION

DRAPER, P.J.

Being intoxicated in a public place is a misdemeanor (Pen. Code, § 647, subd. (f)). But when a county has a facility for the care and treatment of inebriacy and alcoholism (Welf. & Inst. Code, § 5170), violators of section 647, subdivision (f) have the benefit of a statutory requirement that the peace officer "if he is reasonably able to do so," shall place the violator in "civil protective custody...

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