California, United States of America
The following excerpt is from People v. Lammey, 216 Cal.App.3d 92, 264 Cal.Rptr. 569 (Cal. App. 1989):
In People v. Jeffers (1987) 43 Cal.3d 984, 239 Cal.Rptr. 886, 741 P.2d 1127, the court held a finding that the defendant is a member of the victim's household under section 1203.066, subdivision (c)(1) does not require that the defendant retain that status until the time of sentencing. Based on the legislative history of section 1203.066, the court interpreted subdivision (c)(1) as fixing the crucial time for determining eligibility for probation at the time the offense was committed. (Id. at pp. 998-1000, 239 Cal.Rptr. 886, 741 P.2d 1127.) Otherwise, eligibility for probation could be determined by the play of extraneous factors. For example, a defendant might attempt to maintain a close relationship with the victim even though there is a high level of friction. Further, "[a] victim's mother or guardian, knowing the importance to the defendant, might be too fearful of or solicitous for the defendant to sever the relationship or, conversely, might break with the defendant precisely to ensure ineligibility for probation." (Id. at p. 998, 239 Cal.Rptr. 886, 741 P.2d 1127.)
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