People v. Superior Court

In this mandamus proceeding, we are asked to decide generally if a defendant who is subject to a mandatory minimum county jail sentence for a driving under the influence conviction may be eligible to participate in an electronic home detention program authorized by Penal Code section 1203.016. Specifically, the People seek a peremptory writ to vacate a sentencing order placing the defendant real party in interest on probation and ordering the probation department “to arrange forthwith for Defendant to be placed on the home monitoring program.” We conclude that such a defendant may be eligible to participate in an electronic home *290 detention program. We hold, however, that respondent court’s sentencing order is not in compliance with the applicable statutory requirements and we, therefore, issue the peremptory writ sought by the People.

Facts and Procedural Background

On June 13, 1990, defendant was arrested for driving under the influence (Veh. Code, § 23152, subd. (a)) after California Highway Patrol officers observed her vehicle weaving across the freeway. Defendant’s blood-alcohol level was 0.25. Defendant had suffered three prior convictions for driving under…