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

Cal. Penal Code § 1203.085 (2026)

The Judgment

✓ current as of May 2026
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(a)Any person convicted of an offense punishable by imprisonment in the state prison but without an alternate sentence to a county jail shall not be granted probation or have the execution or imposition of sentence suspended, if the offense was committed while the person was on parole from state prison pursuant to Section 3000, following a term of imprisonment imposed for a violent felony, as defined in subdivision (c) of Section 667.5, or a serious felony, as defined in subdivision (c) of Section 1192.7.

(b)Any person convicted of a violent felony, as defined in subdivision (c) of Section 667.5, or a serious felony, as defined in subdivision (c) of Section 1192.7, shall not be granted probation or have the execution or imposition of sentence suspended, if the offense was committed while the person was on parole from state prison pursuant to Section 3000.

(c)The existence of any fact that would make a person ineligible for probation under subdivision (a) or (b) 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.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1987–2023 · leading case: People v. McClure, 191 Cal. App. 3d 1303 (Cal. Ct. App. 1987).
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People v. McClure, 191 Cal. App. 3d 1303 (Cal. Ct. App. 1987). “*1305 Discussion I. Probation Report It is undisputed that defendant’s commission of the subject offenses while on parole rendered him legally ineligible for probation.”
People v. Delrio, 45 Cal. App. 5th 965 (Cal. Ct. App. 2020). “Defendant then pleaded guilty to count one and admitted enhancements for being on parole after imprisonment for a prior serious or violent felony (Pen. Code, § 1203.085, subd. (b)); commission of a prior serious felony while on parole (id.”
People v. Sanders, No. A162710 (Cal. Ct. App. Apr. 26, 2023). “bodily injury enhancement on count 40 must be reversed because the jury did not receive a verdict form requesting a true finding and did not make such a finding; (5) the abstract of judgment erroneously stated a term of 25 years to life was imposed for the felon in possession of…”
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.