§ 1203.06 (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 …
Part 2: Of Criminal Procedure | Title 8: Of Judgment and Execution | Chapter 1: The Judgment
Rule Text
(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 of the following persons:
(1) A person who personally used a firearm during the commission or attempted commission of any of the following crimes:
(2) A person previously convicted of a felony specified in paragraph (1), or assault with intent to commit murder under former Section 217, who is convicted of a subsequent felony and who was personally armed with a firearm at any time during its commission or attempted commission or was unlawfully armed with a firearm at the time of arrest for the subsequent felony.
(3) Aggravated arson, in violation of Section 451.5.
(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.
(c) For purposes of this section, the following definitions apply:
(1) “Armed with a firearm” means to knowingly carry or have available for use a firearm as a means of offense or defense.
(2) “Used a firearm” means to display a firearm in a menacing manner, to intentionally fire it, to intentionally strike or hit a human being with it, or to use it in any manner that qualifies under Section 12022.5.
Amendment history: Amended by Stats. 2021, Ch. 626, Sec. 46. (AB 1171) Effective January 1, 2022.