CRM/LAW C144 Chapter Notes - Chapter In Re Eichorn: Jury Trial, Appellate Court
19 Jun 2017
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Misdemeanor violation of city of santa ana ordinance banning sleeping in designated public areas, alleged involuntary homelessness. The first element wasn"t satisfied, in the court"s view, no significant, imminent evil for this defendant or any other person . Trial commenced without a jury in may 1996. Misdemeanor violation of city ordinance banning sleeping in public areas: santa ana mun. Viii, 10-402: it shall be unlawful for any person to camp, occupy camp facilities or use camp paraphernalia in the following areas, except as otherwise provided: (a) Any street; (b) any public parking lot or public area, improved or unimproved . The appellate department of the superior court, by a two-to-one margin, affirmed the conviction without opinion and declined to certify the case to this court for direct review. Issues in front of the appellate court: he was induced to waive his right to a jury trial by the court"s pretrial ruling that he could not present a necessity defense.
