Manriquez

—Defendant pled guilty to second degree murder and was sentenced to a term of 15 years to life. On appeal, she contends that the trial court erred in finding her statutorily ineligible for probation. We agree and therefore reverse.

Facts

The body of Raul Contreras was found on December 17, 1989, by the side of a road in the unincorporated area near Hemet, California. He had been shot four times at close range with a .22-caliber gun. The defendant subsequently admitted that she and Victor Ballesteros had agreed to kill Mr. Contreras on behalf of Mr. Contreras’s common law wife. On December 16, 1989, Ballesteros and defendant asked the victim to give them a ride to the store. Once in the car, Ballesteros and defendant demanded all of the victim’s money and when the victim tried to run away, Ballesteros shot him several times with a .22-caliber gun.

Discussion

The single issue on appeal is whether defendant was statutorily ineligible for probation under Penal Code section 1203 because of her accomplice’s use of a weapon. The probation report stated that defendant was eligible for probation under section 1203, subdivision (e)(1) only if there were unusual circumstances.…