Peer v. Municipal Court

[735]

Opinion

KINGSLEY, J.

Petitioner appeals from a judgment denying his petition for a writ of prohibition to prohibit his trial on a series of misdemeanor offenses. We reverse.

The complaint charges petitioner with nine counts as follows: (count I) unlawful practice of psychology without a license between September 8, 1979, and December 19, 1979, in violation of section 2903 of the Business and Professions Code; (count II) unlawful practice of psychology without a license, between November 9, 1979, and June 18, 1980, in violation of the same section; (count III) unlawful practice of psychology on August 15, 1980, in violation of the same section; (count IV) fraudulently misrepresenting the type of license held by him between September 28, 1979, and December 19, 1979, in violation of subdivision (c) of section 2960 of that code; (count V) with a similar misrepresentation from November 9, 1979, to June 18, 1979; (count VI) a similar violation on August 15, 1980; (count VII). unlawfully furnishing an alcoholic beverage to a person under the age of 21 on April 3, 1980, in violation of section 25658 of the Business and Professions Code; (count VIII) with a similar violation of section 25658 on April 5, 1980; (count IX) unlawfully having sexual intercourse representing that it was related to his practice as a psychologist, in violation of subdivision (n) of section 2960 of the Business and Professions Code. Petitioner demurred to the complaint. The demurrer was sustained as to counts IV, V, and VI, but was overruled as to the other counts. Petitioner then sought, in the superior court, the writ herein involved, attacking the order as to counts I, II, III and IX. The petition was denied and this appeal followed.

I

In their brief in this court, the People agree that count IX does not state a criminal offense under the Business and Professions Code; we therefore reverse as to that count. The petition before us did not attack the order as to counts VII and VIII. We have before us for consideration the attack on counts I, II, and III. We hold that the trial court committed reversible error in not granting the petition as to those three counts.

[736]