In Re Orosco

This petition for a writ of habeas corpus challenges the constitutionality of section 11550 of the Health and Safety Code on various grounds. The petition was initially filed in the Supreme Court which issued an order to show cause returnable before this court.

. Petitioner was sentenced to serve one year in county jail following her conviction of violating section 11550, the maximum sentence under the statute. She contends that both the one year maximum sentence and the mandatory minimum sentence of 90 days in jail called for by the statute violate the constitutional prohibition against cruel and unusual punishment. She also contends that the inclusion of certain drugs within the proscription of section 11550 and the exclusion of others which petitioner deems more or equally dangerous infringes the constitutional guarantee of equal protection.

Initially we note that petitioner failed to appeal her conviction and has by now completed serving her sentence. The People do not contend that either of these factors creates an impediment to our deciding the issues raised by the petition on their merits. When a pending case presents an issue of broad public interest which is…