PEOPLE v. SUPERIOR COURT

Docket No. S.F. 25040.

46 Cal.3d 381 (1988)

758 P.2d 1046

250 Cal. Rptr. 515

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; RALPH ALEXANDER CASWELL et al., Real Parties in Interest. KENNETH EUGENE GRASSI, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

August 22, 1988.


Attorney(s) appearing for the Case

COUNSEL

Leo Himmelsbach, District Attorney, and Joseph V. Thibodeaux, Deputy District Attorney, for Petitioner and Real Party in Interest the People.

No appearance for Respondent.

Bruce W. Nickerson, Geoffrey A. Braun, Linda Campbell, Jay M. Kohorn and Fred B. Rosenberg for Real Parties in Interest Caswell et al. and Petitioner Grassi.

Joan W. Howarth, Paul Hoffman, Robert Black, Margaret Crosby, Ed Chen and Alan Schlosser as Amici Curiae on behalf of Real Parties in Interest Caswell et al. and Petitioner Grassi.


OPINION

ARGUELLES, J.

Penal Code section 647, subdivision (d) (hereafter section 647(d)) provides that any person "[w]ho loiters in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act" is guilty of a misdemeanor. (All further statutory references are to the Penal Code unless otherwise stated.) In this proceeding, petitioners Ralph Caswell, Kenneth Grassi, and...

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