# Murgia v. Municipal Court

> California Supreme Court · September 24, 1975 · 15 Cal. 3d 286

URL: https://www.frixlaw.com/law-library/cases/9569769

## Case

- **Full name:** JOSE GUADALUPE MURGIA Et Al., Petitioners, v. THE MUNICIPAL COURT FOR THE BAKERSFIELD JUDICIAL DISTRICT OF KERN COUNTY, Respondent; THE PEOPLE, Real Party in Interest
- **Court:** California Supreme Court
- **Decided:** September 24, 1975
- **Citations:** 15 Cal. 3d 286; 124 Cal. Rptr. 204; 540 P.2d 44; 90 L.R.R.M. (BNA) 2803; 1975 Cal. LEXIS 231
- **Precedential status:** Published
- **Opinion:** Concurrence by Richardson
- **Judges:** Tobriner, Richardson
- **Cited by:** 162 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Superseded by statute, as recognized in People v. SUPERIOR COURT (BAEZ).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9569769

## Opinion text

RICHARDSON, J.
I concur in the judgment. While expressing serious reservations about the reach of the defense of discriminatory prosecution, I agree with the majority that the defense should be available to those very limited numbers of persons described in the opinion, namely, defendants who can establish that they would not otherwise have been prosecuted but for such discriminatoiy conduct. (Ante, at p. 298.) A serious offender, and the vast majority of offenders generally, would find it “extremely difficult” to make such a showing. (Ante, at pp. 303-304.)
McComb, J., and Clark, J., concurred.
The petition of the real party in interest for a rehearing was denied October 23, 1975.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9569769. Public record. Not legal advice.