Section 1203.085 Of Chapter 1. The Judgment From California Penal Code >> Title 8. >> Part 2. >> Chapter 1.
1203.085
. (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.