PEOPLE v. SUPERIOR COURT (HUBBARD)

Docket No. B055374.

230 Cal.App.3d 287 (1991)

281 Cal. Rptr. 309

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; ROBIN CHRISTINE HUBBARD, Real Party in Interest.

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

May 20, 1991.


Attorney(s) appearing for the Case

COUNSEL

Ira Reiner, District Attorney, Harry B. Sondheim, Donald J. Kaplan, and Martha E. Bellinger, Deputy District Attorneys, for Petitioner.

No appearance for Respondent.

Richard T. Sykes and Fred Kilbride for Real Party in Interest.

Wilbur F. Littlefield, Public Defender (Los Angeles), Laurence M. Sarnoff and John Hamilton Scott, Deputy Public Defenders, as Amici Curiae on behalf of Real Party in Interest.


OPINION

GRIGNON, J.

In this mandamus proceeding, we are asked to decide generally if a defendant who is subject to a mandatory minimum county jail sentence for a driving under the influence conviction may be eligible to participate in an electronic home detention program authorized by Penal Code section 1203.016. Specifically, the People seek a peremptory writ to vacate a sentencing order placing the defendant real party in interest...

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