Batiste

Batiste v. Superior Court

Good Law
1992 Cal. App. LEXIS 307·4 Cal. App. 4th 460·5 Cal. Rptr. 2d 694·92 Cal. Daily Op. Serv. 2083
Court of Appeal of CaliforniaMarch 10, 1992B062594California1,801 words

Opinion

Opinion

Danielson, J.

Reggie Jermaine Batiste seeks a writ of mandate directing the Los Angeles County Superior Court to vacate and set aside the order of October 11, 1991, denying his petition for writ of mandate directing the municipal court to sustain his demurrer to the charge that he violated Los Angeles Municipal Code section 56.30 (section 56.30), subdivision (e).

The primary issues presented by this petition are (1) whether section 56.30, subdivision (e) has been preempted by the general law of this state, and (2) whether the section is unconstitutionally vague. We deny the petition.

Facts

Petitioner was charged with entering a fenced area of Los Angeles International Airport grounds which was posted with signs forbidding trespassing, without having upon his person the express written consent of the person, firm, corporation, department or agency lawfully in possession or control thereof, in violation of section 56.30, subdivision (e). According to the police report prepared in connection with petitioner’s case, the arresting officer observed petitioner collecting bottles from the ground within the posted boundary of the airport.

Contentions

Petitioner contends section 56.30,…

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