People v. Enriquez

WAPNER, J. pro tem.* This case was accepted by the Court of Appeal on certification from the superior court appellate department under rule 63, subdivision (a), California Rules of Court.

The question of law as enunciated by the appellate department of the superior court is “Has the adoption of Government Code § 41803.5 in 1967 changed the rule set forth in Menveg v. Municipal Court [1964] 226 Cal.App.2d 569 [38 Cal.Rptr. 232] that a city attorney has no jurisdiction to file or prosecute an alleged violation of Penal Code §272?” The opinion rendered by the appellate department answered this question in the negative.

Defendant was charged in count II of a complaint filed in the Municipal Court, Los Angeles Judicial District, with a violation of section 272, Penal Code. On the court’s motion said count II was dismissed because the city attorney was going to prosecute the case. It was stipulated that no district attorney was present. The issues involved the respective jurisdictions of the city attorney and the district attorney to file and prosecute violations under section 272 of the Penal Code.

[426]Prior to the filing of the complaint in this ease the district attorney had given the city attorney of the City of Los Angeles blanket authority to prosecute all .violations of section 272 of the Penal Code.

In 1961 section 272 of the Penal Code was enacted. This section provides 1 ‘ Every person who commits any act or omits the performance of any duty, which act or omission causes or tends to cause or encourage any person under the age of 21 years to come within the provisions of Sections 600, 601, or 602 of the Welfare and Institutions Code or which act or omission contributes thereto, or any person who, by any act or omission, or by threats, commands, or persuasion, induces or endeavors to induce any person under the age of 21 years or any ward or dependent child of the juvenile court to fail or refuse to conform to a lawful order of the juvenile court, or to do or to perform any act or to follow any course of conduct or to so live as would cause or manifestly tend to cause any such person to become or to remain a person within the provisions of Sections 600, 601, or 602 of the Welfare and Institutions Code, is guilty of a misdemeanor . . . The district attorney shall prosecute all violations charged under this section.”

Following the language of this section, the rule was enunciated in Menveg v. Municipal Court, 226 Cal.App.2d 569 at pages 572-573 [38 Cal.Rptr. 232], “The word ‘all’ in the closing sentence of section 272 means that the violations charged by the district attorney are all of the violations which shall be prosecuted under this section, and that violations not charged by the district attorney shall not be prosecuted under this section. ’ ’