In Re Steinke

Thomas C. Lynch, Attorney General, Derald E. Granberg, John T. Murphy and Horace Wheatley, Deputy Attorneys General, for Real Party in Interest.

OPINION

MOLINARI, P.J.

In this proceeding petitioner seeks a writ of habeas corpus to discharge her from constructive custody, a writ of prohibition prohibiting proceedings in the municipal court in the action against her, and a writ of mandate compelling the municipal court to quash the warrant upon which she was arrested and to dismiss the complaint against her. We issued an alternative writ of prohibition and an order to show cause why petitioner should not be released from any custody or constructive custody.

Petitioner was charged with two counts of lewd and dissolute conduct in a public place or in a place open to the public or exposed to the public view, in violation of Penal Code section 647, subdivision (a). [1] By a "Declaration for Arrest Warrant" attached to the complaint and filed at the same time, facts were set forth which alleged that on two separate occasions petitioner masturbated a police informant in a room at the Alcron Massage Parlor in San Jose. This declaration made by Sergeant Brune of the San Jose Police…