Can a defendant apply for probation under section 1203 of the Criminal Code?

People v. Alberts (1961) 197 A.C.A. 114, 17 Cal.Rptr. 48 is more explicit. In that case the defendant pleaded guilty to grand theft and admitted a prior conviction and imprisonment in the state prison for robbery in the first degree. The trial court denied his application for probation upon the ground that the defendant was not eligible for probation. On appeal Alberts contended that because of the third paragraph added to section 1203 in 1957, the trial court was required to pass upon the merits of his application. It is clear that Alberts fell within the sixth clause of the absolute prohibition of the fourth paragraph. The court held that the trial court's order denying probation was proper, stating: [201 Cal.App.2d 563] 'Prior to the amendment

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