(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 commits or attempts to commit one or more of the crimes listed in subdivision (b) against a person who is 60 years of age or older; or against a person who is blind, a paraplegic, a quadriplegic, or a person confined to a wheelchair and that disability is known or reasonably should be known to the person committing the crime; and who during the course of the offense inflicts great bodily injury upon the person.
(b)Subdivision (a) applies to the following crimes:
(1)Murder.
(2)Robbery, in violation of Section 211.
(3)Kidnapping, in violation of Section 207.
(4)Kidnapping, in violation of Section 209.
(5)Burglary of the first degree, as defined in Section 460.
(6)Rape by force or violence, in violation of paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of former Section 262.
(7)Assault with intent to commit rape or sodomy, in violation of Section 220.
(8)Carjacking, in violation of Section 215.
(9)Kidnapping, in
violation of Section 209.5.
(c)The existence of any fact that would make a person ineligible for probation under either subdivision (a) or (f) 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.
(d)As used in this section, “great bodily injury” has the same meaning as defined in Section 12022.7.
(e)This section shall apply in all cases, including those cases where the infliction of great bodily injury is an element of the offense.
(f)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, nor shall the execution or imposition of sentence be suspended for, a person convicted of having committed one or more of the following crimes against a person who is 60 years of age or older: assault with a deadly weapon or instrument, battery that results in physical injury that requires professional medical treatment, carjacking, robbery, or mayhem.
Notes of Decisions
Cited in
10
cases (
2 in the last 5 years), 1980–2024 · leading case:
People v. Peace, 107 Cal. App. 3d 996 (Cal. Ct. App. 1980).
People v. Peace, 107 Cal. App. 3d 996 (Cal. Ct. App. 1980).
· cites it 5× “(Pen. Code, § 1203.09.) Appellant contends on appeal that (1) the trial court in sentencing appellant disregarded the fact that appellant was mentally disturbed; (2) the trial court erred in failing to state its reasons for enhancing his sentence because he had suffered a prior…”
People v. Hunt, 133 Cal. App. 3d 543 (Cal. Ct. App. 1982).
“7) and great bodily injury to a person 60 years (Pen. Code, § 1203.09) were found true. Probation was denied and defendant was sentenced to an unstayed prison term of nine and two-thirds years.”
Hicks v. Superior Court, 36 Cal. App. 4th 1649 (Cal. Ct. App. 1995).
“Code, § 288); forcible oral copulation; forcible foreign object penetration; kidnapping for ransom; kidnapping for robbery; kidnapping with bodily harm; attempted murder; assault with a firearm; assault by means of force likely to produce great bodily injury; discharge of a…”
People v. Powers, 151 Cal. App. 3d 905 (Cal. Ct. App. 1984).
“(Pen. Code, § 1203.09.) Pursuant to stipulation, appellant’s case was severed from the codefendants for trial.”
Fields v. United States, 547 A.2d 138 (D.C. 1988).
“” Committee Report, supra, at 7-8 (citations to source materials omitted). The legislative history also refers to a 1977 California statute that provides a “separate penalty provision for those who commit crimes against senior citizens” that has been upheld as constitutional.”
People v. Maldonado, 186 Cal. App. 3d 863 (Cal. Ct. App. 1986).
“(b)) and injury to a person 60 years of age or older (Pen. Code, § 1203.09, subd. (f)). The court also found to be true an allegation that Maldonado had a prior serious felony conviction for murder in Texas in 1950 (Pen.”
In re J.L. ca1/3, No. A163116 (Cal. Ct. App. Mar. 15, 2022).
“” Penal Code section 1203.09, subdivision (a) provides, in relevant part: “probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, a person who commits or attempts to commit one or more of the crimes listed in subdivision (b)…”
People v. Huffman, No. E080355 (Cal. Ct. App. Jan. 9, 2024).
“was aged 60 or older (Pen. Code, § 1203.09, subd. (f)) and that, in committing counts 3 and 4, defendant caused injury to D.”
People v. Thompson, 222 Cal. App. 3d 1647 (Cal. Ct. App. 1990).
“7) and injuring a victim over 60 years old (Pen. Code, § 1203.09, subd. (f)), were alleged based on the assault on Rui Yu.”
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.