(a)Notwithstanding Section 1203 and except as provided in subdivision (c), probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, either of the following:
(1)A person who is convicted of violating Section 11380 of the Health and Safety Code by using, soliciting, inducing, encouraging, or intimidating a minor to act as an agent to manufacture, compound, or sell a controlled substance specified in subdivision (d) of Section 11054 of the Health and Safety Code, except paragraphs (13), (14), (15), (20), (21), (22), and (23) of subdivision (d), or specified in subdivision (d), (e), or (f) of Section 11055 of the
Health and Safety Code, except paragraph (3) of subdivision (e) and subparagraphs (A) and (B) of paragraph (2) of subdivision (f) of Section 11055 of the Health and Safety Code.
(2)A person who is convicted of violating Section 11380 of the Health and Safety Code by using a minor as an agent or who solicits, induces, encourages, or intimidates a minor with the intent that the minor shall violate the provisions of Section 11378.5, 11379.5, or 11379.6 of the Health and Safety Code insofar as the violation relates to phencyclidine or any of its analogs or precursors.
(b)The existence of a fact that would make a person ineligible for probation under subdivision (a) shall be alleged in the information or indictment, 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)A person who is made ineligible for probation pursuant to this section may be granted probation only in an unusual case where the interests of justice would best be served. When probation is granted pursuant to this subdivision, the court shall specify on the record and shall enter into the minutes the circumstances supporting the finding.
Notes of Decisions
Cited in
52
cases (
6 in the last 5 years), 1979–2026 · leading case:
People v. Madden, 98 Cal. App. 3d 249 (Cal. Ct. App. 1979).
People v. Madden, 98 Cal. App. 3d 249 (Cal. Ct. App. 1979).
· cites it 4× “07, Subdivision (a) (2) Does Not Constitute Cruel or Unusual Punishment.”
Twiggs v. Superior Court, 667 P.2d 1165 (Cal. 1983).
· cites it 2× “Code, § 11351; Pen. Code, § 1203.07.) The new allegations sought enhancement of the narcotics offenses for six prior prison terms for six other convictions.”
Bowens v. Superior Court, 820 P.2d 600 (Cal. 1991).
· cites it 2× “Code, § 11352), and further alleging he had suffered a prior conviction (Pen. Code, § 1203.07, subd. (a)(3)). The acts were alleged to have occurred on or about December 4, 1990, and December 7, 1990.”
People v. Meloney, 70 P.3d 1023 (Cal. 2003).
“It also was alleged that defendant had sustained three prior drug-related convictions (Pen. Code, § 1203.07, subd. (a)(ll); Health & Saf.”
People v. Stone, 99 Cal. Daily Op. Serv. 8257 (Cal. Ct. App. 1999).
· cites it 2× “(a); count 1) 1 and a finding that he manufactured PCP, its analogs, and precursors (Pen. Code, § 1203.07, subd. (a)(7)); court findings that he had suffered two prior convictions which qualified as strikes under the “Three Strikes” law (Pen.”
People v. Little, 2004 Cal. Daily Op. Serv. 1179 (Cal. Ct. App. 2004).
“(Pen. Code, § 1203.07, subd. (a)(ll); Health & Saf.”
People v. Torres, 188 Cal. App. 4th 775 (Cal. Ct. App. 2010).
“(Pen. Code § 1203.07, subd. (a)(ll); Health & Saf.”
People v. Lopez, 197 Cal. App. 3d 93 (Cal. Ct. App. 1987).
· cites it 3× “5; Pen. Code, § 1203.07, subd. (a)(4).) Lopez claims unlawful search and seizure and violation of her constitutional right to due process.”
People v. Hernandez, 94 Cal. Daily Op. Serv. 9337 (Cal. Ct. App. 1994).
· cites it 2× “) He meritoriously contends the search warrant lacked probable cause for the search of the residence at 610 Orange Drive and that the good faith rule does not prevent exclusion of the evidence seized pursuant thereto. 1 In January 1993, two informants reported that a man known…”
People v. Vargas, 223 Cal. App. 3d 1107 (Cal. Ct. App. 1990).
“(Pen. Code, § 1203.07, subd. (a)(1).) Defendant was held to answer on these charges, and was admitted to bail.”
People v. Breazell, 2002 Cal. Daily Op. Serv. 11970 (Cal. Ct. App. 2002).
“, § 11352; Pen. Code, § 1203.07, subd. (a)(ll)). After her motion to suppress was denied, Breazell pled guilty to the sole count of the information and the first enhancement.”
People v. LAZALDE, 2004 Cal. Daily Op. Serv. 6460 (Cal. Ct. App. 2004).
“The trial court denied the motion and appellant pleaded guilty to one count of conspiracy to sell heroin and one count of possession of heroin for sale. (Pen. Code, § 182; Health & Saf.”
— Cal. Penal Code § 1203.07(a)(1) — 1 case
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