People v. Kay

Opinion

DEVINE, P. J.

Appellants Newberry, Lavenberg and Kay pleaded nolo contendere to felony assault and felony battery (attacks on police officers). Various other charges against them were dismissed. All of the charges were related to a sit-in at Stanford University Hospital on April 8 and 9, 1971. Newberry’s appeal may be disposed of readily: he was not advised of his Boykin-Tahl rights; the Attorney General concedes this, and the judgment of conviction must be reversed. But the charges may be reinstated. (In re Sutherland, 6 Cal.3d 666, 671-672 [100 Cal.Rptr. 129, 493 P.2d 857].)

Lavenberg…