Gonter

We have consolidated the above-captioned appeals for hearing and determination by this court. They concern the jurisdiction of the Santa Clara County Superior Court, where sentence has not been imposed upon a convicted defendant, to require his submission as a condition of probation to what is known as the Deferred Incarceration Program (hereafter the Program).

Under the Program the convicted defendant is placed on probation for a fixed period, a condition of which probation is that he serve a stat ed term in the county jail. Execution of the jail term is then stayed for several weeks to a day certain, pending referral to the probation department for consideration, and recommendation, whether the defendant shall be referred to the Program. If the defendant is thereafter so referred by the court, the stay of execution is continued during his good behavior throughout the remainder of the probation period. Upon successful completion of the Program the defendant will ordinarily have served no county jail time at all.

Each of the several defendants had pleaded guilty to an offense under which, as a matter of law, he was eligible for probation. Upon their respective…