What is the test for determining whether a defendant is eligible for probation under section 1203.066 of the California Criminal Code?

^16. The written instructions given to the jury for use in deliberations tracked this definition. The court's oral instruction inexplicably omitted "oral copulation." The written instructions provided to the jury control. (People v. Edwards (2013) 57 Cal.4th 658, 746.)

^17. Section 1203.066, subdivision (a)(8) rendered defendant ineligible for probation on count 6. Because the trial court stated it would deny probation in any event, our striking of the true finding does not require resentencing based on a misunderstanding by the court of its discretionary sentencing power. (See People v. Bruce G. (2002) 97 Cal.App.4th 1233, 1247-1248.)