Legal Opinion
People v. Ramirez
Appellate Division of the Superior Court of California
Decided April 13, 1994No. Crim. A. No. BR 33816PublishedCited by 2 opinions
1Opinion of the Court
Opinion
SOVEN, J.
Defendant appeals from a judgment after he was convicted of violating Downey Municipal Code section 4103, which prohibits, among other things, the possession of alcoholic beverages in public buildings and parks.1 The California Constitution, article XX, section 22, provides that the state has the exclusive power to regulate the possession of alcohol. The ordinance is necessarily void, as we discuss, and we reverse with directions to dismiss the complaint.
Discussion
The background facts are not disputed. Defendant was arrested in “Wilderness Park” in the City of Downey, carrying…
2Cases cited8 opinions
- Galvan v. Superior CourtCalifornia Supreme Court · 1969
- Lancaster v. Municipal CourtCalifornia Supreme Court · 1972
- Korean American Legal Advocacy Foundation v. City of Los AngelesCalifornia Court of Appeal · 1994
- Cristmat, Inc. v. County of Los AngelesCalifornia Court of Appeal · 1971
- San Vicente Nursery School v. County of Los AngelesCalifornia Court of Appeal · 1956
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3Cited by2 opinions
- People v. DuranAppellate Division of the Superior Court of California · 1995
- People v. Jennifer S.California Court of Appeal · 2009