Silva

OlNION

Ricardo Silva (petitioner), the duly recognized consul of the Republic of Mexico in Los Angeles, was charged by indictment with conspiring to commit the crime of soliciting business for an attorney (“capping”), in violation of Penal Code section 182. The criminal activity was alleged to have taken place between December 28, 1971, and June 30, 1974, during which time petitioner was serving in his capacity as a consul. As a result of the indictment, an action entitled People of the State of California v. Ricardo Silva, et al., No. A-310545, was instituted against petitioner. Petitioner’s motion to dismiss the indictment on the basis of lack of jurisdiction was denied. Petitioner then filed a petition for an alternative writ of prohibition seeking to restrain the superior court and the district attorney from further proceedings against him, and to have the instant charges dismissed.

Petitioner contends: (1) that the courts of the State of California have no jurisdiction in the present action due to the federal constitutional and statutory provisions for exclusive jurisdiction in the federal courts of all-actions and proceedings against consuls and vice consuls of foreign…