PEOPLE v. BUENA VISTA MINES, INC.

Docket No. B097891.

48 Cal.App.4th 1030 (1996)

THE PEOPLE, Plaintiff and Appellant, v. BUENA VISTA MINES, INC., et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Six.

August 19, 1996.


Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Linda C. Johnson and James G. Root, Deputy Attorneys General, for Plaintiff and Appellant.

Melvin De La Motte, Jr., for Defendants and Respondents.


OPINION

YEGAN, J.

Water Code section 13387, subdivision (c) provides that a water polluter who "knowingly" violates section 13387, subdivision (a), shall be punished by a fine of not less than $5,000 nor more than $50,000 for each day of violation or by imprisonment for not more than three years, or by both. Neither the word, "felony" nor the words, "state prison" are used in the statute. Relying on In re Humphrey (1923) 64...

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