MacK v. Younger

Opinion

MOSK, J.

In this proceeding and a consolidated companion case

(Younger

v.

Superior Court,

S.F. 23517) petitioner Mack sought to vindicate the constitutionality of legislation requiring law enforcement agencies, upon request, to destroy records of arrests or convictions for certain marijuana offenses. (Health & Saf. Code, § 11361.5, subd. (b).) In an opinion filed April 26, 1978

(Younger

v.

Superior Court

(1978) 21 Cal.3d 102 [145 Cal.Rptr. 674, 577 P.2d 1014]), we upheld the constitutionality of this statute against the Attorney General’s claim that it violates the separation of powers. Accordingly, we granted an original writ of mandate compelling the Attorney General to process petitioner’s application for destruction of the records of a conviction coming within the terms of the statute.

Before our decision became final, petitioner filed a motion for an award of attorney’s fees for services rendered in this proceeding. He re[July

[689]

lied, inter alia, on Code of Civil Procedure section 1021.5.

1

Rather than delay finality, we followed prior practice (see, e.g.,

Serrano

v.

Priest

(1976) 18 Cal.3d 728,

111

[135 Cal.Rptr. 345, 557 P.2d 929]) and modified our opinion to reserve jurisdiction to determine the motion in due season. (21 Cal.3d at p. 120.) We then deferred acting on the motion until we had rendered our decision in

Woodland Hills Residents Assn., Inc.