California Court of Appeal

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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.

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.
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