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PEOPLE v. McNEIL

No. A093287.

118 Cal.Rptr.2d 54 (2002)

96 Cal.App.4th 1302

The PEOPLE, Plaintiff and Appellant, v. Charnaye McNEIL, Defendant and Respondent.

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

March 21, 2002.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Christopher W. Grove and Juliet B. Haley, Deputy Attorneys General, Counsel for plaintiff and appellant.

Kathleen Kahn, San Francisco, under appointment by the Court of Appeal, Counsel for defendant and respondent.

POLLAK, J.

Defendant Charnaye McNeil was arrested for violating an Oakland ordinance that prohibits standing in a roadway in a manner that interferes with traffic. In a search incident to her arrest police found a significant quantity of cocaine base in defendant's possession. She was charged with possession of the drug for sale. The trial court granted defendant's motion to set aside the information, ruling that the Oakland ordinance used as the basis to arrest and...

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