Section 1203.08 Of Chapter 1. The Judgment From California Penal Code >> Title 8. >> Part 2. >> Chapter 1.
1203.08
. (a) Notwithstanding any other law, probation shall not be
granted to, nor shall the execution or imposition of sentence be
suspended for, any 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 which 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 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.