The Court of Appeal held that the trial court erred in ruling appellant was presumptively ineligible for probation under Penal Code section 1203, subdivision (e)(4) because, at the time he committed the offense in this case, he had only been convicted of one other felony (and not two as required under section 1203). While appellant had committed two other felonies before the offense in this case “only convictions that occurred before the defendant committed a later offense can render that defendant presumptively ineligible for probation under section 1203, subdivision (e)(4); it is not enough that the convictions for the prior felonies occurred before sentencing on the later offense.”
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