Stackhouse
Stackhouse v. Municipal Court
Opinion
Opinion
Cobey, J.
Charles Clyde Stackhouse seeks a writ of prohibition to restrain his trial in respondent court on certain misdemeanor charges. (See Seiterle v. Superior Court, 57 Cal.2d 397, 399 [ 20 Cal.Rptr. 1 , 369 P.2d 697 ].) On August 23, 1976, this court granted an alternative writ of prohibition and set the matter for hearing. We now think that the trial of these charges should not be restrained and will therefore deny the peremptory writ.
Facts
On February 25, 1976, petitioner was arrested for violation of Vehicle Code section 20002 (hit and run). Petitioner was taken to the Los Angeles County Sheriff’s Department at. Norwalk where a deputy retrieved from petitioner’s car an open container of beer (an apparent violation of Veh. Code, § 23123) and less than an ounce of marijuana (an apparent violation of Health & Saf. Code, § 11357, subd. (b)). A charge of violating Vehicle Code section 23103 (reckless driving) was added later based on the statements of two witnesses who apparently'knew nothing of petitioner’s other apparent misconduct.
On February 27, 1976, the Los Angeles County Sheriff’s Department at Norwalk, pursuant to its policy and practice, issued a citation to…