California Court of Appeal

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In re R.K., C056541

A woodshed located 10 to 15 feet from the side of a house needs no barrier to establish that it is not a "public place" within the meaning of Penal Code section 647(f). Also, an intoxicated person who is found somewhere other than a "public place", (and it is not shown that the person has no right to be there) but who acquiesces in police's request to accompany an officer to a "public place" cannot be found in violation of section 647(f) based solely on the person's presence in that "public place".

Appellate Information

  • Decided 03/21/2008
  • Published 03/21/2008

Judges

  • ROBIE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Candice L. Christensen, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Janis Shank McLean, Supervising Deputy Attorney General, Tia M. Coronado, Deputy Attorney General, for Plaintiff and Respondent.
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