(

a) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, nor shall a finding bringing the defendant within this

section be stricken pursuant to

Section for, any of the following persons:

(1) A person who personally used a firearm during the commission or attempted commission of any of the following crimes: (

A) Murder. (

B) Robbery, in violation of

Section 211. (

C) Kidnapping, in violation of

Section 207, 209, or 209.5. (

D) Lewd or lascivious act, in violation of

Section 288. (

E) Burglary of the first degree, as defined in

Section 460. (

F) Rape, in violation of

Section 261, 264.1, or former

Section 262. (

G) Assault with intent to commit a specified sexual offense, in violation of

Section 220. (

H) Escape, in violation of

Section or 4532. (

I) Carjacking, in violation of

Section 215. (

J) Aggravated mayhem, in violation of

Section 205. (

K) Torture, in violation of

Section 206. (

L) Continuous sexual abuse of a child, in violation of

Section 288.5. (

M) A felony violation of

Section 136.1 or 137. (

N) Sodomy, in violation of

Section 286. (

O) Oral copulation, in violation of

Section or former

Section 288a. (

P) Sexual penetration, in violation of

Section or 264.1. (

Q) Aggravated sexual assault of a child, in violation of

Section 269.

(2) A person previously convicted of a felony specified in paragraph (1), or assault with intent to commit murder under former

Section 217, who is convicted of a subsequent felony and who was personally armed with a firearm at any time during its commission or attempted commission or was unlawfully armed with a firearm at the time of arrest for the subsequent felony.

(3) Aggravated arson, in violation of

Section 451.5. (

b) The existence of any fact that would make a person ineligible for probation under subdivision (

a) shall be alleged in the accusatory pleading, and either admitted by the defendant in open court or found to be true by the trier of fact. (

c) For purposes of this section, the following

definitions apply: (1) “Armed with a firearm” means to knowingly carry or have available for use a firearm as a means of offense or defense. (2) “Used a firearm” means to display a firearm in a menacing manner, to intentionally fire it, to intentionally strike or hit a human being with it, or to use it in any manner that qualifies under

Section 12022.5.