Wednesday, December 5, 2012
Yes, I'm GUILTY of UNLAWFUL LODGING 647(e), Whatever THAT Means
Unlawful Lodging and Superior Court Instructions for Week-long Jury Trial about Lemaster's Lodging 647(e)Citation from PeaceCamp2010
Linda's Hearth note:
The following is text of language utilized in my trial, held November 2nd thru 9th, 2010. Exactly as hammered out in court, day after day, and authorized by Judge Rebecca Connolly.
The defendant is charged in Count 1 with Unauthorized Lodging, in violation of Penal Code section 647(e). To prove that the defendant is guilty of a this crime the People must prove that
1. The defendant lodged in a public or private place;
2. The defendant did not have the permission of the owner or person entitled to the possession or in control of it.
To lodge means to occupy a place temporarily, or to permanently or temporarily settle or to live in a place. It may, but does not ahve to include, sleeping, the laying doiwn of bedding, the storing personal belongings, or carrying on cooking activities. Lodging means more than merely falling asleep, but less than moving in permanently. In determining whether the defendant lodged in a public or private place, the jury should consider the totality of the corcumstances on or about August 10, 2010.
# # # # end text # # # #
I brought this set of definitions from the Lodging 647(e) Trial to the Local American Civil Liberties Union's board meeting last week.
For me, this is Step One: in a campaign. What campaign: Let's get rid of this unfair and unconstitutional state vagrancy law that should have been dumped in 1960 when the Supreme Court first ordered states to stop using "status crime" laws. And California's Legislature Hearings, headed by John Burton, dumped all EXCEPT 647(e). Who wants to help?
Linda Ellen Lemaster