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PEOPLE v. KELLOGG

No. D042696.

14 Cal.Rptr.3d 507 (2004)

119 Cal.App.4th 593

The PEOPLE, Plaintiff and Respondent, v. Thomas KELLOGG, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

Review Denied September 22, 2004.

Attorney(s) appearing for the Case

Steven J. Carroll, Public Defender, and Laura Arnold, Deputy Public Defender, for Defendant and Appellant.

Casey Gwinn, City Attorney, Susan M. Heath, Assistant City Attorney, and David M. Stotland, Deputy City Attorney, for Plaintiff and Respondent.

HALLER, J.

Thomas Kellogg contends his public intoxication conviction constitutes constitutionally proscribed cruel and/or unusual punishment because his status as an involuntarily homeless, chronic alcoholic makes it impossible for him to avoid being intoxicated in public. We reject this contention. The public intoxication statute, Penal Code1 section 647, subdivision (f), is carefully crafted to impose criminal culpability only if the...

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