PEOPLE v. BREWER

Docket No. A051318.

235 Cal.App.3d 909 (1991)

1 Cal. Rptr.2d 146

THE PEOPLE, Plaintiff and Appellant, v. GEORGE BREWER, Defendant and Respondent.

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

October 30, 1991.


Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, Richard B. Iglehart, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, Catherine A. Rivlin and David H. Rose, Deputy Attorneys General, for Plaintiff and Appellant.

Jay B. Gaskill, Public Defender, Charles M. Denton and Scott Spear, Assistant Public Defenders, for Defendant and Respondent.


OPINION

POCHE, Acting P.J.

As originally enacted, Oakland Municipal Ordinance section 3-4.21 (hereafter the Ordinance) provided in pertinent part: "No person shall drink or have in his possession an open container of any alcoholic beverage: (1) On any public street, sidewalk, or other public way; (2) within 50 feet of any public way while on private property open to public view without the express permission of the owner, his agent...

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