SUNDANCE v. MUNICIPAL COURT

Docket No. L.A. 31785.

42 Cal.3d 1101 (1986)

729 P.2d 80

232 Cal. Rptr. 814

ROBERT SUNDANCE et al., Plaintiffs and Appellants, v. THE MUNICIPAL COURT FOR THE LOS ANGELES JUDICIAL DISTRICT OF LOS ANGELES COUNTY et al., Defendants and Respondents; THE PEOPLE, Real Party in Interest and Respondent.

Supreme Court of California.

December 31, 1986.


Attorney(s) appearing for the Case

COUNSEL

Timothy B. Flynn, Carlyle W. Hall, Jr., Lucas Guttentag, Joel R. Reynolds, Fredric D. Woocher, Michael S. Gendler, Eric Havian and Bruce Williamson for Plaintiffs and Appellants.

Fred Okrand, Mark Aaronson, Margaret C. Crosby, Alan L. Schlosser, Amitai Schwartz, Peter Barton Hutt and James A. Toupin as Amici Curiae on behalf of Plaintiffs and Appellants.

John H. Larson, County Counsel, Philip S. Miller, Deputy County Counsel, Ira Reiner, City Attorney, James H. Pearson, Senior Assistant City Attorney, and Denise M. Beaudry, Deputy City Attorney, for Defendants and Respondents.

George Agnost, City Attorney (San Francisco), and Kathryn A. Pennypacker, Deputy City Attorney, as Amici Curiae on behalf of Defendants and Respondents.

No appearance for Real Party in Interest and Respondent.


OPINION

THE COURT.*

This action, filed by four public inebriates and one taxpayer, challenges California's drunk in public statute (Pen. Code, § 647, subd. (f)1) on numerous Eighth Amendment and due process grounds.2 Plaintiffs seek an order enjoining enforcement of section 647(f) in light of many alleged constitutional abuses attendant upon...

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