Legal Opinion
People v. Belton
Appellate Division of the Superior Court of California
Decided August 8, 1978No. Crim. A. No. 16176PublishedCited by 4 opinions
1Opinion of the Court
*Supp. 26Opinion
COLE, P. J.
In each of these cases the defendant was charged with violating Health and Safety Code section 11550 and pleaded, guilty or nolo contendere to the charge. The section provides for a mandatory 90-day minimum sentence, whether imposed directly or as a condition of probation, and states that “In no event does th¿ court have the power to absolve a person who violates this section from the obligation of spending at least 90 days in confinement in the county jail.” In each of the cases, however, the trial court sentenced the defendants to the county jail and then…
2Cases cited28 opinions
- Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
- Ex Parte LangeSupreme Court of the United States · 1874
- Bozza v. United StatesSupreme Court of the United States · 1947
- People v. WestCalifornia Supreme Court · 1970
- People v. OrinCalifornia Supreme Court · 1975
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3Cited by4 opinions
- People v. SylvestryCalifornia Court of Appeal · 1980
- Fadelli Concrete Pumping, Inc. v. Appellate DepartmentCalifornia Court of Appeal · 1995
- People v. StatumCalifornia Supreme Court · 2002
- People v. StatumCalifornia Supreme Court · 2002