PENA v. MUNICIPAL COURT

Docket No. 4418.

96 Cal.App.3d 77 (1979)

157 Cal. Rptr. 584

GLORIA PENA, Plaintiff and Appellant, v. THE MUNICIPAL COURT FOR THE TULARE-PIXLEY JUDICIAL DISTRICT OF TULARE COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Respondent.

Court of Appeals of California, Fifth District.

August 16, 1979.


Attorney(s) appearing for the Case

COUNSEL

Walter L. Gorelick, Public Defender, Jesse J. Avila, Deputy Public Defender, Randall C. Lyon and Richard Barron for Plaintiff and Appellant.

Hugh R. Manes as Amicus Curiae on behalf of Plaintiff and Appellant.

No appearance for Defendant and Respondent.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Gregory W. Baugher and James Ching, Deputy Attorneys General, for Real Party in Interest and Respondent.


OPINION

ZENOVICH, J.

Appellant Gloria Pena was charged with making a false report of a criminal offense to a police officer (Pen. Code, § 148.5) by a complaint filed in Tulare County Municipal Court on June 12, 1978. Appellant moved to dismiss the complaint on the grounds of discriminatory prosecution alleging the complaint was filed solely because she had filed a grievance with the chief of police charging that officers who...

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