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Legal Opinion

Smith v. Municipal Court

California Court of Appeal

Decided March 14, 1978No. Civ. 16908PublishedCited by 20 opinions

1Opinion of the Court

Opinion

PARAS, Acting P. J.

Health and Safety Code section 11550 requires a mandatory 90-day county jail punishment as a condition of probation. Plaintiffs (petitioners in the trial court) contend that this is cruel and unusual punishment and violates their right to equal protection. We reject their contentions.

Plaintiffs Carrie Smith and Elizabeth Gilbreath are charged in separate San Joaquin County Municipal Court criminal actions with violating Health and Safety Code section 11550, 1 in that on the dates specified they used or were under the influence of a controlled substance, heroin.…

2Cases cited11 opinions

  1. In Re LynchCalifornia Supreme Court · 1972
  2. People v. OlivasCalifornia Supreme Court · 1976
  3. In Re FossCalifornia Supreme Court · 1974
  4. People v. WingoCalifornia Supreme Court · 1975
  5. In Re AdamsCalifornia Supreme Court · 1975

6 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. State v. SaariSupreme Court of Vermont · 1989
  2. People v. BarreraCalifornia Court of Appeal · 1993
  3. People v. HughesCalifornia Court of Appeal · 1980
  4. People v. KilbornCalifornia Court of Appeal · 1996
  5. People v. MacIasCalifornia Court of Appeal · 1982

15 more not listed; retrieve them via the Exa API.

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