Wells

By petition for writ of prohibition the Sacramento County Public Defender, Kenneth M. Wells, challenges the validity of sentencing guidelines established by respondent, Municipal Court of Sacramento, for use in cases of prostitution and drunk driving.

Petitioner contends the guidelines are: (1) mandatory but even if discretionary are unconstitutional in application; (2) violative of due process as they are mechanistic and contravene a nonmandátory sentencing scheme established by the Legislature; (3) contrary to statutory law; and (4) legislation by a judicial body.

Respondent argues, inter alia, that petitioner, in his official capacity, lacks legal authority to file this action, as he is representing no particular person and essentially seeks an advisory opinion. We agree.

The duties of the Sacramento County Public Defender are contained in Sacramento County Code section 2.54.050 1 which directs that he defend “any person” financially unable to employ counsel and who is charged with a crime. That ordinance parallels Government Code sec *810 tión 27706, subdivision (a). 2 Both the ordinance and the statute specify the official scope of the public defender’s duties as…