When will a probation report recommend that a defendant be denied probation and sentenced to two-and-a-half years in prison?

Asserting that defendant was statutorily ineligible for probation barring unusual circumstances (Pen. Code, 1203, subd. (e)(3); People v. Clay (1971) 18 Cal.App.3d 964, 966), the probation report recommended that the trial court deny probation and impose the upper term. The report found that no criteria for probation eligibility when probation is limited appeared to apply. (Cal. Rules of Court, rule 4.413.)³ The report acknowledged the existence of unusual circumstances: Defendant had led a productive life and this was her first criminal offense. (Rule 4.408.) However, the nature, seriousness, and circumstances of the crime (rule 4.414(a)(1)) warranted a state prison commitment, and the crime's great violence and/or other acts disclosing a high degree of cruelty, viciousness, and/or callousness (rule 4.421(a)(1)) justified the upper term.