In People v. Takencareof (1981) 119 Cal. App. 3d 492, the trial court denied probation to a defendant convicted of burglary and acquitted of arson by referring to the great harm caused by the arson. The appellate court held the trial court could not deny defendant probation based on a crime he did not commit. (People v. Takencareof, supra, 119 Cal. App. 3d at page 500.)