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Name: People v. Kirby
Case #: H025009
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 12/08/2003
Subsequent History: None

Appellant was convicted of conspiracy to pimp, in violation of Penal Code section 182 and 266h, and conspiracy to pander, in violation of sections 182 and 266i. The trial court followed the probation department’s recommendation that probation be granted. The prosecution sought a writ of mandate requiring the trial court to deny probation and impose a state prison term, arguing that appellant was ineligible for probation under section 182, subdivision (a), and 1203.065. The appellate court here disagreed and denied the writ petition. The prosecution’s argument is “not supported by a proper construction of the relevant statutes” which provide no impediment to a grant of probation.