Calban

Statement of the Case

Appellants were charged by information in count I with the making of a false affidavit concerning a recall petition, in violation of California Elections Code section 292181 in count II with the circulation of a recall petition knowing it to contain false, forged or fictitious names, in violation of California Elections Code section 29217; and in count III with the filing with the county clerk of a recall petition to which was attached false or fraudulent signatures, knowing that the signatures were false or fraudulent, in violation of California Elections Code section 29216.

A jury found appellants guilty on all counts. Thereafter, appellants were sentenced to state prison on count I with execution of sentence stayed for a five-year probationary term on the condition that appellants serve six months in the county jail. As to counts II and III, appellants were sentenced to state prison with execution of the sentences suspended for a five-year probationaiy period.

Statement of the Facts

Appellants, members of a Chicano organization, volunteered to circulate petitions seeking the recall of two members of the governing board of the Lamont School…