Opinion

Prison Law Office v. Koenig

  • 186 Cal. App. 3d 560
  • 233 Cal. Rptr. 590
  • 1986 Cal. App. LEXIS 2132
Court
California Court of Appeal
Filed
Sep 11, 1986
Status
Published
Author
Poche
On the bench
Channell, Poché
Cited by
8 cases
Authority
More cited than 9.7%

The opinion

POCHÉ, J.

I concur in the result. I agree with the basic premise of my colleagues: the instant facial attack is not the proper method to raise constitutional challenges to Penal Code section 3003. 1 For all we know, 99.9 percent of prison inmates in this state are tried, convicted and committed from the county of their residence and hence under section 3003 are paroled back home, and the . 1 percent of the inmates who commit crimes outside of their county residence are deemed by the Department of Corrections to fall outside of the presumption of section 3003 and are also paroled to their home county. Since such home town delivery would not support any constitutional objection to section 3003 that I am aware of, the statute must prevail over the general objection of the Prison Law Office. (Cf. People v. Harris (1985) 165 Cal.App.3d 1246, 1255-1256 [ 212 Cal.Rptr. 216 ] [and cases cited therein].)

I express no other opinion as to the constitutionality of the statute.

Appellant’s petition for review by the Supreme Court was denied December 31, 1986.

All statutory references are to the Penal Code.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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