California Penal Code 462 – (a) Except in unusual cases where the interests of justice would …
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(a) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted to any person who is convicted of a burglary of an inhabited dwelling house or trailer coach as defined in § 635 of the Vehicle Code, an inhabited floating home as defined in subdivision (d) of § 18075.55 of the Health and Safety Code, or the inhabited portion of any other building.
(b) If the court grants probation under subdivision (a), it shall specify the reason or reasons for that order on the court record.
Terms Used In California Penal Code 462
- inhabited: means currently being used for dwelling purposes, whether occupied or not. See California Penal Code 459
- person: includes a corporation as well as a natural person. See California Penal Code 7
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(Amended by Stats. 1993, Ch. 162, Sec. 2. Effective January 1, 1994.)