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eBook details

• Title: Dibb v. County of San Diego
• Author : Supreme Court Of California
• Release Date : January 12, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

In this case we construe Penal Code section 422.75, one of Californias "hate crimes" statutes. Section 422.75 provides for imposition of a sentence enhancement for felonies committed because of the victims race, color, nationality, country of origin, ancestry, disability or sexual orientation. The trial court granted real parties pretrial motion to dismiss the section 422.75 allegations, holding the statute exerted a "chilling effect" on expression and was vague and overbroad. The Court of Appeal granted the Peoples petition for writ of mandate, concluding section 422.75 is not unconstitutional. We granted review to address the Peoples contention that, although the Court of Appeal correctly upheld the statute, it erroneously read section 422.75 as impliedly containing a specific intent requirement. We conclude the Peoples argument has merit. Since, however, the Court of Appeal reached the correct result in ordering the trial court to vacate its order dismissing the section 422.75 allegations, we affirm.

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