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PEOPLE v. WILKINSON

No. S111028.

16 Cal.Rptr.3d 420 (2004)

94 P.3d 551

33 Cal.4th 821

The PEOPLE, Plaintiff and Respondent, v. Jaleh WILKINSON, Defendant and Appellant. In re Jaleh Wilkinson, On Habeas Corpus.

Supreme Court of California.

Certiorari Denied January 10, 2005.

Attorney(s) appearing for the Case

Anthony J. Dain, under appointment by the Supreme Court, and Eric R. Larson, San Diego, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Donald E. De Nicola, Jaime L. Fuster and Thomas C. Hsieh, Deputy Attorneys General, for Plaintiff and Respondent.

Tony Rackauckas, District Attorney (Orange), Brian N. Gurwitz, Deputy District Attorney; Jan Scully, District Attorney (Sacramento), Albert C. Locher, Assistant Chief Deputy District Attorney; Steve Cooley, District Attorney (Los Angeles), George M. Palmer, Head Deputy District Attorney; and David R. LaBahn for California District Attorney's Association as Amicus Curiae on behalf of Plaintiff and Respondent.

Certiorari Denied January 10, 2005. See 125 S.Ct. 892.

GEORGE, C.J.

Defendant Jaleh Wilkinson was convicted at trial of the offenses of battery on a custodial officer, driving a vehicle under the influence of alcohol, and failing to stop at the scene of an accident. The Court of Appeal reversed defendant's convictions on two unrelated grounds, concluding that (1) the statutory scheme pertaining to battery on a custodial officer violates equal protection principles...

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