Franco

Manuel F. Franco appeals from a judgment denying him probation and sentencing him to the middle base term of six years for violation of Penal Code section 288, subdivision (a) (lewd and lascivious act upon or with the body of a child under age fourteen). In a former appeal to this court {People v. Franco, No. F003720) the guilt judgment was affirmed and the cause was remanded for resentencing because in substance the trial court mistakenly assumed appellant was ineligible for probation under section 1203.066. Because the information did not contain the charging allegations required by section 1203.066, this court held that section was inapplicable and appellant was statutorily eligible for probation. We held: “[T]he decision to grant or deny probation was to be based on the general principles found in section 1203, subdivision (b) (‘If the court determines that there are circumstances in mitigation of the punishment prescribed by law or that the ends of justice would be subserved by granting probation to the person . . .’), rule 414, California Rules of Court, and case law.” Because appellant requested probation, this court also directed that the trial court obtain a…