People v. Municipal Court

The People appeal from a judgment of the San Diego County Superior Court discharging an alternative writ and denying their petition for a peremptory writ of mandate. They sought the writ to compel the municipal court to vacate its order dismissing two misdemeanor counts charging real party in interest, Frank Martinez, with soliciting a lewd act (Pen. Code, § 647, subd. (a)). The municipal court ordered the dismissals on May 16, 1969, after Martinez had entered a plea of guilty to a third misdemeanor charge contained in a separate complaint (possession, with the intent to exhibit or distribute, obscene materials, Pen. Code., § 311.2). The plea of guilty resulted from a negotiated plea bargain between Martinez and his attorney and the prosecutor. The court’s minutes reflect the two Penal Code section 647, subdivision (a), counts were dismissed on motion of the People, in the furtherance of justice and in view of the plea of guilty to the Penal Code section 311.2 charge.

The attorney for Martinez then mentioned the case of Stanley v. Georgia, 394 U.S. 557 [ 22 L.Ed.2d 542 , 89 S.Ct. 1243 ], decided on April 7, 1969, which held a Georgia statute, making the mere private…