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California Penal Code Section 1203.07

Legal Research Home > California Laws > Penal Code > California Penal Code Section 1203.07

1203.07.  (a) Notwithstanding Section 1203, probation shall not be
granted to, nor shall the execution or imposition of sentence be
suspended for, any of the following persons:
   (1) Any person who is convicted of violating Section 11351 of the
Health and Safety Code by possessing for sale 14.25 grams or more of
a substance containing heroin.
   (2) Any person who is convicted of violating Section 11352 of the
Health and Safety Code by selling or offering to sell 14.25 grams or
more of a substance containing heroin.
   (3) Any person convicted of violating Section 11351 of the Health
and Safety Code by possessing heroin for sale or convicted of
violating Section 11352 of the Health and Safety Code by selling or
offering to sell heroin, and who has one or more prior convictions
for violating Section 11351 or Section 11352 of the Health and Safety
Code.
   (4) Any person who is convicted of violating Section 11378.5 of
the Health and Safety Code by possessing for sale 14.25 grams or more
of any salt or solution of phencyclidine or any of its analogs as
specified in paragraph (21), (22), or (23) of subdivision (d) of
Section 11054 or in paragraph (3) of subdivision (e) of Section 11055
of the Health and Safety Code, or any of the precursors of
phencyclidine as specified in paragraph (2) of subdivision (f) of
Section 11055 of the Health and Safety Code.
   (5) Any person who is convicted of violating Section 11379.5 of
the Health and Safety Code by transporting for sale, importing for
sale, or administering, or offering to transport for sale, import for
sale, or administer, or by attempting to import for sale or
transport for sale, phencyclidine or any of its analogs or
precursors.
   (6) Any person who is convicted of violating Section 11379.5 of
the Health and Safety Code by selling or offering to sell
phencyclidine or any of its analogs or precursors.
   (7) Any person who is convicted of violating Section 11379.6 of
the Health and Safety Code by manufacturing or offering to perform an
act involving the manufacture of phencyclidine or any of its analogs
or precursors.
   As used in this section "manufacture" refers to the act of any
person who manufactures, compounds, converts, produces, derives,
processes, or prepares, either directly or indirectly by chemical
extraction or independently by means of chemical synthesis.
   (8) Any person who is convicted of violating Section 11380 of the
Health and Safety Code by using, soliciting, inducing, encouraging,
or intimidating a minor to act as an agent to manufacture, compound,
or sell any controlled substance specified in subdivision (d) of
Section 11054 of the Health and Safety Code, except paragraphs (13),
(14), (15), (20), (21), (22), and (23) of subdivision (d), or
specified in subdivision (d), (e), or (f) of Section 11055 of the
Health and Safety Code, except paragraph (3) of subdivision (e) and
subparagraphs (A) and (B) of paragraph (2) of subdivision (f).
   (9) Any person who is convicted of violating Section 11380.5 of
the Health and Safety Code by the use of a minor as an agent or who
solicits, induces, encourages, or intimidates a minor with the intent
that the minor shall violate the provisions of Section 11378.5,
11379.5, or 11379.6 of the Health and Safety Code insofar as the
violation relates to phencyclidine or any of its analogs or
precursors.
   (10) Any person who is convicted of violating subdivision (b) of
Section 11383 of the Health and Safety Code by possessing piperidine,
pyrrolidine, or morpholine, and cyclohexanone, with intent to
manufacture phencyclidine or any of its analogs.
   (11) Any person convicted of violating Section 11351, 11351.5, or
11378 of the Health and Safety Code by possessing for sale cocaine
base, cocaine, or methamphetamine, or convicted of violating Section
11352 or 11379 of the Health and Safety Code, by selling or offering
to sell cocaine base, cocaine, or methamphetamine and who has one or
more convictions for violating Section 11351, 11351.5, 11352, 11378,
11378.5, 11379, or 11379.5 of the Health and Safety Code. For
purposes of prior convictions under Sections 11352, 11379, and
11379.5 of the Health and Safety Code, this subdivision shall not
apply to the transportation, offering to transport, or attempting to
transport a controlled substance.
   (b) 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.

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Last modified: March 17, 2014