PEOPLE v. MUNICIPAL COURT (HINTON)

Docket No. 68853.

149 Cal.App.3d 951 (1983)

197 Cal. Rptr. 204

THE PEOPLE, Petitioner, v. THE MUNICIPAL COURT FOR THE LOS ANGELES JUDICIAL DISTRICT OF LOS ANGELES COUNTY, Respondent; GARY LEWIS HINTON, Real Party in Interest.

Court of Appeals of California, Second District, Division Three.

December 15, 1983.


Attorney(s) appearing for the Case

COUNSEL

Ira Reiner, City Attorney, Jack L. Brown and Pamela Victorine, Deputy City Attorneys, for Petitioner.

No appearance for Respondent.

Wilbur F. Littlefield, Public Defender, Laurence M. Sarnoff, Barry A. Taylor and John Hamilton Scott, Deputy Public Defenders, for Real Party in Interest.


OPINION

LUI, J.

In this mandamus proceeding, the People seek a peremptory writ to vacate a sentencing order. The order placed a third time drunk driving offender in an alcohol rehabilitation facility, rather than county jail, as a condition of probation. We hold that Vehicle Code section 23171, subdivision (a), requires incarceration in county jail as a condition of probation for such...

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