People v. Kellogg

119 Cal. App. 4th 593 (2004)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Officer Heidi responded to a citizen's complaint of homeless persons camping under bridges and along State Route 163. She found D sitting on the ground in some bushes on the embankment off the freeway. D appeared inebriated and was largely incoherent. D was arrested for public intoxication. He had $ 445 in his pocket from disability income. On occasions prior to the arrest D had assistance available from the Homeless Outreach Team. Sometimes he accepted but other times he refused the offers of Officer Heidi. D posted bail but missed his court date as he was homeless and there was no way to notify him. He was arrested three more times for public intoxication. D was arrested and pleaded not guilty and filed a motion to dismiss the charges based on his constitutional right to be free of cruel and unusual punishment. Expert evidence showed that D was gravely disabled and incapable of providing for his basic needs. The experts opined that D's homelessness was not a matter of choice but a result of his gravely disabled mental condition. The medical staff at jail found D needed medication to control alcohol withdrawal symptoms or other diseases such as hypertension, seizure disorders, and diabetes. they found him covered with feces and resisting efforts to assess his medical condition. After treatment for two weeks, the jail medical staff assessed that D appeared well and in no distress and no longer had alcohol withdrawal as his primary complaint. D's condition had improved because his seizure medicine was restarted, his alcohol withdrawal was treated, his vital signs were stable, his colostomy bag was clean and intact, his overall cleanliness was restored, and he was interacting with people in a normal way. Finding that before his arrest D was offered assistance on at least three occasions and that his medical condition improved while in custody, the court denied the motion to dismiss the charges. D was found guilty, sentenced him to 180 days and D appealed. D repeated his 8^th Amendment violation in that it was cruel and unusual punishment to convict him of public intoxication because of his chronic diseases which made him homeless and thus made it impossible for him to avoid being publicly intoxicated. The appellate division affirmed the trial court's denial to dismiss on Eighth Amendment grounds. D appealed.