California Court of Appeal

A prior Penal Code 245(a)(1) conviction for an assault not involving a deadly weapon or instrument other than a firearm does not automatically qualify as a "serious felony" under Penal Code 1192.7(c)(31) and thus a "strike" under the "three strikes" law.

Appellate Information

• Decided 10/26/2001
• Published 10/26/2001

Judges

• McINTYRE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Paul J. Pfingst, District Attorney;  Thomas F. McArdle, and Richard J. Sachs, Deputy District Attorneys, for Plaintiff and Appellant.


• For Appellees:
  
• Koryn & Koryn and Sylvia Koryn, under appointment by the Court of Appeal, San Diego, for Defendant and Respondent.