(a)Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted to any person convicted of a crime of theft of an amount exceeding one hundred thousand dollars ($100,000).
(b)The fact that the theft was of an amount exceeding one hundred thousand dollars ($100,000) shall be alleged in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury.
(c)When probation is granted, the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by such a disposition.
Notes of Decisions
Cited in
7
cases, 1993–2017 · leading case:
People v. Traster, 2003 Cal. Daily Op. Serv. 8473 (Cal. Ct. App. 2003).
People v. Traster, 2003 Cal. Daily Op. Serv. 8473 (Cal. Ct. App. 2003).
“3 Penal Code section 1203.045, subdivision (a).”
People v. Beck, 93 Cal. Daily Op. Serv. 5434 (Cal. Ct. App. 1993).
“The information further alleged that appellant was ineligible for probation because the loss in count 1 exceeded $25,000 and that in count 2 exceeded $100,000 (Pen. Code, § 1203.045). Appellant pleaded not guilty and denied the special allegations.”
People v. Alisudjana CA6 (Cal. Ct. App. 2016).
“(Pen. Code, § 1203.045.) On September 22, 2003, the trial court sentenced defendant to two years in prison.”
IAR Sys. v. Super. Ct. (Cal. Ct. App. 2017).
“Code, § 504), enhanced with allegations of excessive taking within the meaning of Penal Code sections 1203.045, subdivision (a), and 12022.”
IAR Sys. v. Super. Ct. (Cal. Ct. App. 2017).
“Code, § 504), enhanced with allegations of excessive taking within the meaning of Penal Code sections 1203.045, subdivision (a), and 12022.”
People v. Calvin CA4/3 (Cal. Ct. App. 2015).
“The jury also made true findings that defendant committed the crime of grand theft in an amount exceeding $100,000 (Pen. Code, § 1203.045, subd., (a)), and that the total value of property taken by defendant was in excess of $150,000 (Pen.”
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