Cal. Codes » Penal Code / PART 2. OF CRIMINAL PROCEDURE / TITLE 8. OF JUDGMENT AND EXECUTION / CHAPTER 1. The Judgment
California Codes

Cal. Penal Code § 1203.08 (2026)

The Judgment

✓ current as of May 2026
Find cases: SyfertCases citing this section CA-LEGleginfo.legislature.ca.gov JustiaCode on Justia CornellLII Search CasesGoogle Scholar

(a)Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, an adult person convicted of a designated felony who has been previously convicted as an adult under charges separately brought and tried two or more times of any designated felony or in any other place of a public offense which, if committed in this state, would have been punishable as a designated felony, if all the convictions occurred within a 10-year period. The 10-year period shall be calculated exclusive of any period of time during which the person has been confined in a state or federal prison.

(b)(1)The existence of any 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.

(2)Except where the existence of the fact was not admitted or found to be true pursuant to paragraph (1), or the court finds that a prior conviction was invalid, the court shall not strike or dismiss any prior convictions alleged in the information or indictment.

(3)This subdivision does not prohibit the adjournment of criminal proceedings pursuant to Division 3 (commencing with Section 3000) or Division 6 (commencing with Section 6000) of the Welfare and Institutions Code.

(c)As used in this section, “designated felony” means any felony specified in Section 187, 192, 207, 209, 209.5, 211, 215, 217, 245, 288, or paragraph (2), (6), or (7) of subdivision (a) of Section 261, paragraph (1), (4), or (5) of subdivision (a) of former Section 262, subdivision (a) of Section 460, or when great bodily injury occurs in perpetration of an assault to commit robbery, mayhem, or rape, as defined in Section 220.

Notes of Decisions
Cited in 1 case, 1979–1979 · leading case: People v. Madden, 98 Cal. App. 3d 249 (Cal. Ct. App. 1979).
Sort: Relevance Newest Treatment
People v. Madden, 98 Cal. App. 3d 249 (Cal. Ct. App. 1979). “) with two or more adult convictions for designated felonies within a ten-year period are also denied probation (Pen. Code, § 1203.08). There are also a number of offenses for which probation is forbidden “except in unusual cases where the interests of justice would be served if…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.