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PEOPLE v. JUSTICE

Docket No. 21642.

168 Cal.App.3d Supp. 1 (1985)

215 Cal. Rptr. 234

THE PEOPLE, Plaintiff and Respondent, v. ROBERT FRANKLIN JUSTICE, Defendant and Appellant.

Court of Appeals of California, Appellate Department, Superior Court, Los Angeles.

January 28, 1985.

Attorney(s) appearing for the Case

COUNSEL

Wilbur F. Littlefield, Public Defender, Laurence M. Sarnoff, Stephen E. Webber and Albert J. Menaster, Deputy Public Defenders, for Defendant and Appellant.

Ira Reiner, District Attorney, Arnold T. Guminski and Eugene D. Tavris, Deputy District Attorneys, for Plaintiff and Respondent.

OPINION

BERNSTEIN, J.

In this appeal, we examine a Whittier Municipal Court "policy" for sentencing defendants convicted of violating subdivision (b) of section 23152 of the Vehicle Code (driving with a blood-alcohol level of 0.10 percent).1 (1a) We conclude that the policy in question violates the right of defendants to individualized sentencing and due process.

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