Cabral

We have consolidated these two appeals on motion of their common defendant, the State Board of Control (hereafter *1014 Board), since both present the same fundamental issue, i.e., the validity of a particular regulation of the Board (Cal. Admin. Code, tit. 2, § 649.12) defining the term “resident of California” as used in the Victims of Violent Crimes Act (hereafter Act). (Gov. Code, §§ 13959-13969.1.)

The trial court in these two administrative mandamus proceedings concluded that this regulation was both illegal and in violation of the equal protection provisions of both the federal and state Constitutions. Since we propose to affirm the trial court on the first ground, we do not reach the second ground, particularly as it involves the resolution of constitutional questions. (See Cucamonga County Water Dist. v. Southwest Water Co. (1971) 22 Cal.App.3d 245, 260 [ 99 Cal.Rptr. 557 ]; Bayside Timber Co. v. Board of Supervisors (1971) 20 Cal.App.3d 1, 5-6 [ 97 Cal.Rptr. 431 ].)

Facts

Francisco Cabral and Gabriel Vasquez each sustained severe head injuries in June and August 1975 when the former was beaten with pool cues in the back room of a bar by three assailants and…

I dissent.

In section 13959 the Legislature declared it to be in the public interest to indemnify and assist in the rehabilitation of those “residents of the State of California” who suffered loss as a result of crime. In section 13961 such a “resident” may apply for assistance. The act does not define the term resident but does authorize the State Board of Control to “make all needful rules and regulations consistent with the law for *1018 the purposes of carrying into effect the provisions of this article.” (§ 13968 subd. (a).) Accordingly the board enacted regulation 649.12 which in effect by definition eliminates illegal aliens from benefits under the act. The majority would strike down the requirement of legal residence as adding a requirement for eligibility not required by the act. I do not agree. Legality of residency does not add a requirement but rather, in further defining eligible persons, simply recognizes and reiterates the self-evident fact that, to be a qualified resident, one must ordinarily be legally within the state. While it may be true that an illegal alien may be found to have a residence, that is to be living within the state, and in some situations be…

COBEY, Acting P.J.

We have consolidated these two appeals on motion of their common defendant, the State Board of Control (hereafter Board), since both present the same fundamental issue, i.e., the validity of a particular regulation of the Board (Cal. Admin. Code, tit. 2, § 649.12) defining the term "resident of California" as used in the Victims of Violent Crimes Act (hereafter Act). (Gov. Code, §§ 13959-13969.1.) [1]

The trial court in these two administrative mandamus proceedings concluded that this regulation was both illegal and in violation of the equal protection provisions of both the federal and state Constitutions. Since we propose to affirm the trial court on the first ground, we do not reach the second ground, particularly as it involves the resolution of constitutional questions. (See Cucamonga County Water Dist. v. Southwest Water Co. (1971) 22 Cal. App.3d 245, 260 [ 99 Cal. Rptr. 557 ]; Bayside Timber Co. v. Board of Supervisors (1971) 20 Cal. App.3d 1, 5-6 [ 97 Cal. Rptr. 431 ].)

Francisco Cabral and Gabriel Vasquez each sustained severe head injuries in June and August 1975 when the former was beaten with pool cues in the back room of a bar by three…