Tracy v. Municipal Court

Opinion

MANUEL, J.

In these consolidated appeals we must decide whether indigent defendants charged with possession of less than an ounce of marijuana (Health & Saf. Code, § 11357, subd. (b)) are entitled to the assistance of appointed counsel and to trial by jury. In separate mandate proceedings the superior court held that such defendants are entitled to those rights on the ground that the offense is a misdemeanor and not an infraction. It entered judgments accordingly. The municipal courts and the People appeal. Despite the fact that the offense is punishable only by a fine of $100, we…