HAYKEL

In this case we hold that because assault by means of force likely to produce great bodily injury is not listed as a serious felony under Penal Code section 1192.7, subdivision (c), a conviction for that crime may not be counted as a strike under the “Three Strikes” law. Accordingly, we reverse and remand for resentencing.

Frederick Henry Haykel was charged with two felony counts of possession of a controlled substance. A 1995 conviction for assault by means of force likely to produce great bodily injury (§ 245) was alleged as a prison prior (§ 667.5, subd. (b)) and as a prior serious felony conviction under the Three Strikes law. (§§ 667, subds. (d) & (e)(1), 1170.12, subds. (b) & (c)(1).)

Haykel filed a motion to dismiss the strike allegation on the grounds assault by means of force likely to produce great bodily injury is not a serious felony under section 1192.7, subdivision (c). His motion was denied. The prosecution dismissed count 1, and Haykel submitted to a court trial on count 2 based on the police and laboratory reports and the record of his prior conviction. The trial court found him guilty as charged, and found the prison prior and strike allegations to be…