People v. Brewer

Opinion

POCHE, Acting P. J.

—As originally enacted, Oakland Municipal Ordinance section 3-4.21 (hereafter the Ordinance) provided in pertinent part: “No person shall drink or have in his possession an open container of any alcoholic beverage: (1) On any public street, sidewalk, or other public way; (2) within 50 feet of any public way while on private property open to public view without the express permission of the owner, his agent, or the person in lawful possession thereof.”

On the evening of April 17, 1988, Oakland Police Officer Timothy Sanchez observed defendant George Brewer standing in…