California, United States of America
The following excerpt is from People v. Reghitto, H040747 (Cal. App. 2015):
Section 1203.067, subdivision (a) states "before probation may be granted to any person convicted of a felony specified in Section . . . 289, who is eligible for probation . . . ." (Italics added.) The requirements set forth in section 1203.067, such as the referral for an evaluation under section 1203.03, etc., only come into play after a defendant is initially found eligible for probation under criteria of rule 4.414. (People v. Ramirez (2006) 143 Cal.App.4th 1512, 1532.) Section 1203.067 does not contain language indicating that defendants subject to its terms face any preliminary hurdles that must be overcome before they may be found eligible for probation. All it describes are the steps the trial court must take before granting probation to an otherwise-eligible defendant who has suffered a qualifying conviction.
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