Legal Opinion
People v. Superior Court
California Court of Appeal
Decided October 16, 1986No. H001779PublishedCited by 1 opinion
1Opinion of the Court
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 punish*528ment, (2) engaged in impermissible plea bargaining, and (3) circumvented the probation bar of Penal Code section 12311 by its improper application of Penal Code section 654.1 We conclude extraordinary relief is warranted.
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2Cases cited58 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Rhodes v. ChapmanSupreme Court of the United States · 1981
- Abelleira v. District Court of AppealCalifornia Supreme Court · 1941
- Neal v. State of CaliforniaCalifornia Supreme Court · 1960
- People v. FosselmanCalifornia Supreme Court · 1983
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3Cited by1 opinion
- People v. Superior Court (Himmelsbach)California Court of Appeal · 1986