People v. Superior Court

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 *528 ment, (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.

I.

Procedural History

The defendant was charged in the information as follows: Count I— second degree burglary (§§ 459, 460, subd. 2); count II—receiving stolen property (§ 496); count III—entering with intent to commit crime and opening a safe with explosives (burglary with explosives) (§ 464); count IV— possession of explosives with intent to injure (§ 12303.3); count V—possession of explosives (§ 12303); and count VI—possession of explosives with intent to injure (§ 12303.3). Apparently counts I, II, III, and IV arose from the commission of a single burglary, while counts V and VI arose from…