How have courts interpreted section 1203(e)(3) of the Criminal Code when determining whether a defendant is presumptively ineligible for probation?

out that unlike other sections making a defendant ineligible for probation, section 1203(e)(3) "contains no requirement the circumstances causing a restriction on probation be pleaded or decided by the trier of fact. [Therefore, the court concluded, w]hen the issue is whether a defendant is presumptively ineligible for probation under section 1203, the trial court may make the factual determination necessary for application of the restriction. [Citations.]" (People v. Lewis, supra, 120 Cal.App.4th at pp. 853-854.)

In Lewis, it was assumed that the defendant was presumptively ineligible for probation. The trial court was not asked to make a finding on the issue, and it did not state on the record that the defendant intended to inflict great bodily injury on his victim. The appellate court therefore remanded the matter for a new probation and sentencing hearing to allow the trial court to make a finding as to whether the defendant was presumptively ineligible for probation under section 1203(e)(3). (People v. Lewis, supra, 120 Cal.App.4th at p. 854.)