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SMITH v. MUNICIPAL COURT

Docket No. 16908.

78 Cal.App.3d 592 (1978)

144 Cal. Rptr. 504

CARRIE SMITH et al., Plaintiffs and Appellants, v. THE MUNICIPAL COURT FOR THE STOCKTON JUDICIAL DISTRICT OF SAN JOAQUIN COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Respondent.

Court of Appeals of California, Third District.

March 14, 1978.

Attorney(s) appearing for the Case

COUNSEL

Robert N. Chargin, Public Defender, and David Wellenbrock, Deputy Public Defender, for Plaintiffs and Appellants.

Paul Halvonik, State Public Defender, Gary S. Goodpastor, Chief Assistant State Public Defender, Mark L. Christiansen and Michael Lee Pinkerton, Deputy State Public Defenders, as Amici Curiae on behalf of Plaintiffs and Appellants.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Willard F. Jones and William George Prahl, Deputy Attorneys General, for Defendant and Respondent and for Real Party in Interest and Respondent.

OPINION

PARAS, Acting P.J.

Health and Safety Code section 11550 requires a mandatory 90-day county jail punishment as a condition of probation. Plaintiffs (petitioners in the trial court) contend that this is cruel and unusual punishment and violates their right to equal protection. We reject their contentions.

Plaintiffs Carrie Smith and Elizabeth Gilbreath are charged in separate...

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