(a)Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, nor shall a finding bringing the defendant within this section be stricken pursuant to Section 1385 for, any of the following persons:
(1)A person who personally used a firearm during the commission or attempted commission of any of the following crimes:
(A)Murder.
(B)Robbery, in violation of Section 211.
(C)Kidnapping, in violation of Section 207, 209, or 209.5.
(D)Lewd or lascivious act, in violation of Section 288.
(E)Burglary of the first degree, as defined in Section 460.
(F)Rape, in violation of Section 261, 264.1, or former Section 262.
(G)Assault with intent to commit a specified sexual offense, in violation of Section 220.
(H)Escape, in violation of Section 4530 or 4532.
(I)Carjacking, in violation of Section 215.
(J)Aggravated mayhem, in violation of Section 205.
(K)Torture, in violation of Section 206.
(L)Continuous sexual
abuse of a child, in violation of Section 288.5.
(M)A felony violation of Section 136.1 or 137.
(N)Sodomy, in violation of Section 286.
(O)Oral copulation, in violation of Section 287 or former Section 288a.
(P)Sexual penetration, in violation of Section 289 or 264.1.
(Q)Aggravated sexual assault of a child, in violation of Section 269.
(2)A person previously convicted of a felony specified in paragraph (1), or assault with intent to commit murder under former Section 217, who is convicted of a subsequent felony and who was personally armed with a firearm at any time during its commission or attempted commission or was
unlawfully armed with a firearm at the time of arrest for the subsequent felony.
(3)Aggravated arson, in violation of Section 451.5.
(b)The existence of any fact that would make a person ineligible for probation under subdivision (a) shall be alleged in the accusatory pleading, and either admitted by the defendant in open court or found to be true by the trier of fact.
(c)For purposes of this section, the following definitions apply:
(1)“Armed with a firearm” means to knowingly carry or have available for use a firearm as a means of offense or defense.
(2)“Used a firearm” means to display a firearm in a menacing manner, to intentionally fire it, to intentionally strike or hit a human
being with it, or to use it in any manner that qualifies under Section 12022.5.
Notes of Decisions
Manduley v. Superior Court, 41 P.3d 3 (Cal. 2002).
· cites it 2× “, whether to charge a wobbler as a felony, or whether to charge a particular defendant with assault, assault with a deadly weapon, or another form of aggravated assault, or whether to charge manslaughter or murder, or whether to allege facts that would preclude probation…”
People v. Howard, 175 P.3d 264 (Cal. 2008).
· cites it 2× “NOTES [1] Penal Code sections 1203.06, subdivision (a)(1)(A) and 12022.”
People v. Hill, 839 P.2d 984 (Cal. 1992).
· cites it 2× “(a)(17)(i)) use of a firearm (Pen. Code, §§ 1203.06 and 12022.5), and infliction of great bodily injury (Pen.”
People v. Superior Court, 225 Cal. App. 4th 979 (Cal. Ct. App. 2014).
· cites it 2× “(c)(2)(C)(iv)), but not in the context of the “arming” definition.”
People v. Rucker, 605 P.2d 843 (Cal. 1980).
· cites it 2× “" The jury returned verdicts finding appellant guilty of first degree murder and first degree robbery, and the allegation was found to be *378 true that appellant used a firearm in the commission of these offenses.”
In Re Scott, 2005 Cal. Daily Op. Serv. 9139 (Cal. Ct. App. 2005).
“After noting Scott was *588 statutorily ineligible for probation (Pen. Code, § 1203.06), the judge stated that even if Scott were eligible he would deny probation for numerous reasons, one of which was that Scott “planned the commission of the crime.”
People v. Norrell, 913 P.2d 458 (Cal. 1996).
· cites it 2× “(Pen. Code, § 1203.06, subd. (a)(1)(B), (D).”
People v. Wardell, 162 Cal. App. 4th 1484 (Cal. Ct. App. 2008).
“3146, because this phrase has a “peculiar technical legal meaning.”
People v. CARL B., 594 P.2d 14 (Cal. 1979).
· cites it 2× “Defendant's offenses stand among those compelling a finding of unfitness, unless the juvenile court reaches the contrary conclusion based on the following criteria: the minor's criminal sophistication, the probability he can be rehabilitated prior to the expiration of the…”
People v. Runnion, 94 Cal. Daily Op. Serv. 9234 (Cal. Ct. App. 1994).
· cites it 2× “(b)) and personal use of a firearm (Pen. Code, §§ 1203.06, subd. (a)(1), 12022.”
People v. Jones, 97 Cal. Daily Op. Serv. 8151 (Cal. Ct. App. 1997).
“The information alleged, for purposes of both probation ineligibility (Pen. Code, § 1203.06, subd. (a)(1)) and sentence enhancement (Pen.”
— Cal. Penal Code § 1203.06(a)(1) — 4 cases
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