(a)Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, a person who is convicted of violating paragraph (2), (3), (4), or (6) of subdivision (a) of Section 261, Section 264.1, 266h, 266i, 266j, or 269, paragraph (2) or (3) of subdivision (c), or subdivision (d), (f), or (i) of Section 286, paragraph (2) or (3) of subdivision (c), or subdivision (d), (f), or (i) of Section 287 or former Section 288a, Section 288.7, subdivision (a), (d), or (e) of Section 289, or subdivision (b) of Section
311.4.
(b)(1)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 a person who is convicted of violating paragraph (7) of subdivision (a) of Section 261, subdivision (k) of Section 286, subdivision (k) of Section 287 or former Section 288a, subdivision (g) of Section 289, or Section 220 for assault with intent to commit a specified sexual offense.
(2)If 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 the disposition.
Notes of Decisions
Cited in
13
cases (
2 in the last 5 years), 1980–2023 · leading case:
People v. Hesslink, 167 Cal. App. 3d 781 (Cal. Ct. App. 1985).
People v. Hesslink, 167 Cal. App. 3d 781 (Cal. Ct. App. 1985).
· cites it 3× “s of liability not justified by the evidence; defendant’s motion for new trial on the ground of insufficiency of the evidence was erroneously denied as to the conviction for forcible oral copulation; contrary to the court’s express statement of its understanding, it had the…”
People v. Woodhead, 741 P.2d 154 (Cal. 1987).
“06, which provides that persons who have personally used a firearm during the commission of certain serious felony offenses are ineligible for probation. Subdivision (a)(2) of Penal Code section 1203.”
Baker v. Superior Court, 677 P.2d 219 (Cal. 1984).
· cites it 2× “3252) increased the determinate sentences for certain sex-related crimes; more significantly, it provided for mandatory prison sentences (Pen. Code, § 1203.065) and consecutive sentencing (Pen.”
People v. Almodovar, 190 Cal. App. 3d 732 (Cal. Ct. App. 1987).
· cites it 2× “Code, § 266h); procurement *743 or persuasion of a child under age 14 to engage in lewd or lascivious acts (§ 266j); employment of a minor under age 17 for modeling or a performance showing sexual conduct (§ 311.”
People v. Wilson, 95 Cal. App. 4th 198 (Cal. Ct. App. 2002).
“) The legislative command that a statutory provision be applied “notwithstanding any other law” most likely means that the provision, when applicable, “takes the place of whatever law would otherwise determine defendant’s sentence for the current offense.”
People v. McClure, 191 Cal. App. 3d 1303 (Cal. Ct. App. 1987).
· cites it 2× “(Pen. Code, § 1203.065, subd. (a).) Probation is also denied to any person convicted of assault with intent to rape, except “in unusual cases.”
People v. Gayther, 110 Cal. App. 3d 79 (Cal. Ct. App. 1980).
“944, § 5) in conjunction with the enactment of similar provisions which expand the list of sexual offenses which preclude probation (Pen. Code, § 1203.065, subd. (a)). Former Penal Code section 264.”
People v. Manners, 180 Cal. App. 3d 826 (Cal. Ct. App. 1986).
“51) and it placed limitations on probation and suspended sentence (Pen. Code, §§ 1203.065, 1203.066). (Stats.”
People v. Pecci, 72 Cal. App. 4th 1500 (Cal. Ct. App. 1999).
“Penal Code section 1203.065, subdivision (a) 1 provides that a court may not grant probation to a defendant convicted of violating “subdivision (c) of Section 311.”
People v. Pecci, 72 Cal. App. 4th 1500 (Cal. Ct. App. 1999).
“Penal Code section 1203.065, subdivision (a) [1] provides that a court may not grant probation to a defendant convicted of violating "subdivision (c) of Section 311.”
People v. Phillips, No. H050967 (Cal. Ct. App. Dec. 12, 2023).
“421(a)(11)) and noted probation ineligibility (Pen. Code, § 1203.065, subd. (a)). As part of a negotiated disposition, defendant pleaded no contest to counts 4 through 6 and admitted that he took advantage of a position of trust as to each of those counts.”
Luna v. Gamboa, No. 4:21-cv-09669 (N.D. Cal. Nov. 21, 2022).
“Penal Code § 288 (a)), 24 with enhancements for use of force ( Cal. Penal Code § 1203.065 (a)) and substantial sexual 25 conduct ( Cal.”
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