California Court of Appeal

Conviction of assault with a deadly weapon, Pen. Code section 245(a)(1), simple battery, with findings of two qualifying priors under the Three Strikes Law, is: 1) reversed as to the trial court's determination that defendant's 2002 conviction for aggravated assault constituted a serious felony conviction and hence a strike based on the court's reliance on judicial fact-finding beyond the elements of the prior conviction itself; and 2) affirmed in all other respects.

Appellate Information

• Published 2016/10/28

Judges

• LUI

Court

• California Court of Appeal

Counsel