Can a defendant be placed on probation for sexual assault where the victims were adults at time of sentencing?

The same principle applies here. All the victims were adults at time of sentencing and the jury found that appellant engaged in "substantial sexual conduct" which, under present law, rendered appellant ineligible for probation. ( 1203.066, subd. (a)(8).) Under the law in effect at the time of the offenses ( 1203.066, former subd. (c)), appellant was presumptively ineligible for probation but, in the discretion of the sentencing court, could be placed on probation if, and only if, appellant established all the factors set forth in former section 1203.066, subdivision (c). (See People v. Groomes (1993) 14 Cal.App.4th 84, 89 [eligibility for probation must be shown by defendant].)

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