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PEOPLE v. SUPERIOR COURT

No. H025009.

7 Cal.Rptr.3d 440 (2003)

114 Cal.App.4th 102

The PEOPLE, Petitioner, v. The SUPERIOR COURT of Santa Clara County, Respondent, John Joseph Kirby, Real Party in Interest.

Court of Appeals of California, Sixth District.

December 8, 2003.

Attorney(s) appearing for the Case

George W. Kennedy, Joseph V. Thibodeaux, San Jose, David Pandori, for Petitioner.

Guyton N. Jinkerson, San Jose, for Real Party in Interest.

MIHARA, J.

Real party John Joseph Kirby was convicted by jury trial of conspiracy to pimp (Pen.Code, §§ 182, 266h) and conspiracy to pander (Pen.Code, §§ 182, 266i). The probation department determined that Kirby would be a suitable candidate for probation if he was eligible for probation. Respondent the Superior Court of Santa Clara County (the trial court) concluded that Kirby was eligible for probation: "I've never seen a more suitable candidate...

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