In re Fry

Petitioner seeks a writ of habeas corpus from this court on the ground that, as an indigent, he is denied equal protection of the laws by a justice court order which commits him to county jail to serve out a $250 fine at the rate of $5 per day until the fine is paid.

On September 23, 1970, in the Justice Court of the Junction City-Salyer Judicial District (Trinity County), petitioner pled guilty to a Fish and Game Code violation (attempting to take fish other than by angling). He was sentenced to be confined 10 days in jail and to pay a fine of $250. When judgment was pronounced, he informed the court that he had not been working and could not pay the fine. For that reason, the justice court judge suspended execution of sentence, placed petitioner on three years’ probation, and suspended his angling license effective December 26, 1970, in order that petitioner might fish legally, interim, for his winter food.

On January 26, 1971, in the Superior Court for the County of Trinity, petitioner entered a guilty plea to a violation of Penal Code section 272 (contributing to the delinquency of a minor). He remained free on bail pending further superior court proceedings.

Two…