Does section 1203.066, subdivision (c)(1)(1) through (5) of the California Criminal Code apply?

Sinohue's argument to the contrary is based on a misreading of the record. He interprets defense counsel's and the trial court's comments that the court was "not making findings" to mean the trial court refused to consider the issue. But the cited comments did not suggest the court was refusing to consider whether section 1203.066 applied. Instead, using the language of the statute - that paragraphs 7 through 9 did not apply "when the court makes all of the following findings" - the court simply indicated it found Sinohue failed to satisfy the five section 1203.066, subdivision (c) criteria. In short, the court found Sinohue was statutorily ineligible for probation, and declined to make the findings required by section 1203.066, subdivision (c)(1) through (5), to bring him within the statutory exception. (See People v. Groomes, supra, 14 Cal.App.4th at

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p. 87.) The colloquy between the court and defense counsel, which we quote in the margin, illustrates this point.⁵