TRACY v. MUNICIPAL COURT

Docket No. L.A. 30947.

22 Cal.3d 760 (1978)

587 P.2d 227

150 Cal. Rptr. 785

JONATHAN WAYNE TRACY, Plaintiff and Respondent, v. THE MUNICIPAL COURT FOR THE GLENDALE JUDICIAL DISTRICT OF LOS ANGELES COUNTY, Defendant and Appellant; THE PEOPLE, Real Party in Interest and Appellant. GARY DONALD LOISEAU, Plaintiff and Respondent, v. THE MUNICIPAL COURT FOR THE CITRUS JUDICIAL DISTRICT OF LOS ANGELES COUNTY, Defendant and Appellant; THE PEOPLE, Real Party in Interest and Appellant.

Supreme Court of California.

December 14, 1978.


Attorney(s) appearing for the Case

COUNSEL

John H. Larson, County Counsel, and David B. Kelsey, Deputy County Counsel, for Defendants and Appellants.

John K. Van de Kamp, District Attorney, Harry B. Sondheim, Donald J. Kaplan and George M. Palmer, Deputy District Attorneys, for Real Party in Interest and Appellant.

Wilbur F. Littlefield, Public Defender, Harold E. Shabo, Anita S. Brenner and Dennis A. Fischer, Deputy Public Defenders, for Plaintiffs and Respondents.

Harry V. Lehmann, Peter M. Weil and Fred Okrand as Amici Curiae on behalf of Plaintiffs and Respondents.


OPINION

MANUEL, J.

(1a) In these consolidated appeals we must decide whether indigent defendants charged with possession of less than an ounce of marijuana (Health & Saf. Code, § 11357, subd. (b)) are entitled to the assistance of appointed counsel and to trial by jury. In separate mandate proceedings the superior court held that such defendants are entitled to those rights on the ground that the offense is a...

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