Section 1203.06 Of Chapter 1. The Judgment From California Penal Code >> Title 8. >> Part 2. >> Chapter 1.
1203.06
. (a) Notwithstanding any other provision of 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) Any person who personally used a firearm during the commission
or attempted commission of any of the following crimes:
(A) Murder.
(B) Robbery, in violation of Section 211.
(C) Kidnapping, in violation of Section 207, 209, or 209.5.
(D) Lewd or lascivious act, in violation of Section 288.
(E) Burglary of the first degree, as defined in Section 460.
(F) Rape, in violation of Section 261, 262, or 264.1.
(G) Assault with intent to commit a specified sexual offense, in
violation of Section 220.
(H) Escape, in violation of Section 4530 or 4532.
(I) Carjacking, in violation of Section 215.
(J) Aggravated mayhem, in violation of Section 205.
(K) Torture, in violation of Section 206.
(L) Continuous sexual abuse of a child, in violation of Section
288.5.
(M) A felony violation of Section 136.1 or 137.
(N) Sodomy, in violation of Section 286.
(O) Oral copulation, in violation of Section 288a.
(P) Sexual penetration, in violation of Section 289 or 264.1.
(Q) Aggravated sexual assault of a child, in violation of Section
269.
(2) Any 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 his or her arrest for the subsequent felony.
(3) Aggravated arson, in violation of Section 451.5.
(b) (1) 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.
(2) As used in subdivision (a), "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.
(3) As used in subdivision (a), "armed with a firearm" means to
knowingly carry or have available for use a firearm as a means of
offense or defense.