PEOPLE v. WINTERS, D036533
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.
- Decided 10/26/2001
- Published 10/26/2001
- California Court of Appeal
- 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.