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SALLAS v. MUNICIPAL COURT

Docket No. 42429.

86 Cal.App.3d 737 (1978)

150 Cal. Rptr. 543

FREDDIE WAYNE SALLAS et al., Plaintiffs and Appellants, v. THE MUNICIPAL COURT FOR THE SAN LEANDRO-HAYWARD JUDICIAL DISTRICT OF ALAMEDA COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Respondent.

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

November 28, 1978.

Attorney(s) appearing for the Case

COUNSEL

James C. Hooley, Public Defender, Robert H. Betzenderfer and Harold G. Friedman, Assistant Public Defenders, for Plaintiffs and Appellants.

No appearance for Defendant and Respondent.

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

OPINION

ELKINGTON, J.

The appellants of this appeal (hereafter the accuseds), 25 in number, were separately proceeded against in the municipal court by complaints charging commission of "a misdemeanor," to wit:

"A violation of section 11550 of the Health and Safety Code of California, in that said defendant did unlawfully and wilfully use and was under the influence of a controlled...

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