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WELLS v. MUNICIPAL COURT

Docket No. 20662.

126 Cal.App.3d 808 (1981)

179 Cal. Rptr. 128

KENNETH M. WELLS, as Public Defender, etc., Petitioner, v. THE MUNICIPAL COURT FOR THE SACRAMENTO JUDICIAL DISTRICT OF SACRAMENTO COUNTY, Respondent.

Court of Appeals of California, Third District.

December 16, 1981.

Attorney(s) appearing for the Case

COUNSEL

Kenneth M. Wells, Public Defender, and Everett J. Avila, Assistant Public Defender, for Petitioner.

Jeff Brown, Public Defender (San Francisco), and Noel Marcovecchio, Deputy Public Defender, as Amicis Curiae on behalf of Petitioner.

L.B. Elam, County Counsel, and Thomas A. Darling, Deputy County Counsel, for Respondent.

OPINION

CARR, J.

By petition for writ of prohibition the Sacramento County Public Defender, Kenneth M. Wells, challenges the validity of sentencing guidelines established by respondent, Municipal Court of Sacramento, for use in cases of prostitution and drunk driving.

Petitioner contends the guidelines are: (1) mandatory but even if discretionary are unconstitutional in application; (2) violative of due process as they are...

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