(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 person who personally inflicts great bodily injury, as defined in Section 12022.7, on the person of another in the commission or attempted commission of any of the following crimes:
(1)Murder.
(2)Robbery, in violation of Section 211.
(3)Kidnapping, in violation of Section 207, 209, or 209.5.
(4)Lewd or lascivious act, in
violation of Section 288.
(5)Burglary of the first degree, as defined in Section 460.
(6)Rape, in violation of Section 261, 264.1, or former Section 262.
(7)Assault with intent to commit a specified sexual offense, in violation of Section 220.
(8)Escape, in violation of Section 4530 or 4532.
(9)Sexual penetration, in violation of Section 289 or 264.1.
(10)Sodomy, in violation of Section 286.
(11)Oral copulation, in violation of Section 287 or former Section 288a.
(12)Carjacking, in
violation of Section 215.
(13)Continuous sexual abuse of a child, in violation of Section 288.5.
(14)Aggravated sexual assault of a child, in violation of Section 269.
(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.
Notes of Decisions
Cited in
10
cases, 1980–2011 · leading case:
People v. Barney, 8 Cal. App. 4th 798 (Cal. Ct. App. 1992).
People v. Barney, 8 Cal. App. 4th 798 (Cal. Ct. App. 1992).
“Code, § 187) with great bodily injury (Pen. Code, § 1203.075). The court imposed a prison sentence of 15 years to life.”
People v. Calderon, 232 Cal. App. 3d 930 (Cal. Ct. App. 1991).
“) He also claims the court could not lawfully impose sentences for both the gun use and the great bodily injury enhancements. I Calderon first contends he was not apprised that his admission to the great bodily injury enhancement rendered him ineligible for probation.”
People v. Kegler, 197 Cal. App. 3d 72 (Cal. Ct. App. 1987).
“06, subdivision (a)(1), and inflicted great bodily injury upon Roberts (Pen. Code, § 1203.075), and that he committed the murder of Roberts while engaged in the commission of robbery (Pen.”
Ford v. Superior Court, 109 Cal. Rptr. 2d 790 (Cal. Ct. App. 2001).
“(b)) and inflicted great bodily injury (Pen. Code, § 1203.075) in committing the offense, and *115 that he had previously been convicted of welfare fraud (Welf.”
People v. Powers, 151 Cal. App. 3d 905 (Cal. Ct. App. 1984).
“It was alleged as to counts II, IV and V that each dependent had personally inflicted great bodily injury upon Griffith (Pen. Code, §§ 1203.075, 12022.7) and had committed crimes against a person 60 years of age or older.”
People v. Reynolds, 186 Cal. App. 3d 988 (Cal. Ct. App. 1986).
“(Pen. Code, § 1203.075.) He appeals primarily on the ground the trial court failed to instruct the jury as to the intent to kill required to support a finding of felony murder special circumstances under Penal Code section 190.”
People v. Garcia, 165 Cal. App. 4th 1120 (Cal. Ct. App. 2008).
“) (13) Penal Code section 1203.075 (penalties for inflicting great bodily injury) was amended to increase the offenses to which the section would apply.”
Rodriguez v. Adams, 792 F. Supp. 2d 1062 (N.D. Cal. 2011).
“53(d); that he used a firearm under California Penal Code §§ 1203.06 and 12022.”
People v. Ford, 110 Cal. App. 3d 986 (Cal. Ct. App. 1980).
“For example, Penal Code section 1203.06 precludes probation for a person who personally uses a firearm; so too, Penal Code section 1203.”
People v. Edwards, 212 Cal. App. 3d 1091 (Cal. Ct. App. 1989).
“(a)(17)(i)), that he personally used a handgun during the commission of the crimes (Pen. Code, §§ 1192.”
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