Leng

Introduction

Penal Code section 667, subdivision (d)(3) provides that a prior juvenile adjudication may constitute a strike if the offense is contained within Welfare and Institutions Code section 707, subdivision (b), or defined as a serious or violent felony by Penal Code section 667.5 or 1192.7. In this case, appellant Koy Leng’s prior juvenile adjudication was not proved to be either a serious or violent felony offense, but it was an offense enumerated in Welfare and Institutions Code section 707, subdivision (b). Appellant asserts the use of a nonserious, nonviolent juvenile adjudication to impose a second strike sentence is contrary to the intent of the three strikes law and violates his right to equal protection of the laws. We agree and will reverse and remand the matter for further proceedings.

Statement of the Case

On July 2, 1997, an information was filed in Fresno County Superior Court charging appellant Koy Leng with five felony offenses. Counts I and II each alleged a violation of section 246 (discharging a firearm at an inhabited dwelling place and discharging a firearm at an occupied vehicle, respectively); counts III and IV each alleged a violation of…