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QUINTANA v. MUNICIPAL COURT

Docket No. A036930.

192 Cal.App.3d 361 (1987)

237 Cal. Rptr. 397

RAYMOND QUINTANA, Petitioner, v. THE MUNICIPAL COURT FOR THE SAN LEANDRO-HAYWARD JUDICIAL DISTRICT OF ALAMEDA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

June 2, 1987.

Attorney(s) appearing for the Case

COUNSEL

James R. Jenner, Public Defender, and Tammy Yuen, Assistant Public Defender, for Petitioner.

No appearance for Respondent.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, Ronald E. Niver and Morris Beatus, Deputy Attorneys General, for Real Party in Interest.

OPINION

CHANNELL, J.

Petitioner challenges the constitutionality of Vehicle Code section 23159,1 a statute enacted in 1985, which requires a period of confinement in county jail if a person convicted of driving under the influence of alcohol/drugs is also found to have willfully refused to take a test to determine the alcohol content of breath, blood or...

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