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PEOPLE v. SUPERIOR COURT (HIMMELSBACH)

Docket No. H001779.

186 Cal.App.3d 524 (1986)

230 Cal. Rptr. 890

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; WILLIAM MICHAEL HIMMELSBACH, Real Party in Interest.

Court of Appeals of California, Sixth District.

October 16, 1986.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, Martin S. Kaye and Michael Mintz, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

James W. Blackman for Real Party in Interest.

OPINION

AGLIANO, P.J.

The People petition for a writ of mandate compelling the trial court to vacate its disposition of criminal charges against real party in interest, William Michael Himmelsbach (hereafter defendant). The People contend the trial court (1) based its disposition on an unfounded determination that any prison sentence would constitute cruel and unusual punishment, (2...

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