Williams v. Superior Court

We find that a conviction under Penal Code section 245, subdivision (a)(1) for an assault with intent to create great bodily injury is not a serious felony within the meaning of Penal Code section 1192.7, subdivision (c)(31), when it is not an “assault with a deadly weapon, firearm, machinegun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter.” Accordingly, we grant the petition for writ of mandate.

Introduction

The “Three Strikes and You’re Out” law (Pen. Code, § 667, subds. (b)(i)), requires that a defendant who is convicted of a felony and who has two prior convictions for a “strike,” (i.e., a “violent felony” under § 667.5 and/or a “serious felony” under § 1192.7, subd. (c)), be sentenced to an indeterminate term of life imprisonment, with a specified minimum term. (§ 667, subds. (e)(2)(A), (i).) Section 1170.12, subdivision (b)(1), reiterates that any offense listed in section 1192.7, subdivision (c), constitutes a serious felony for sentencing purposes.

This case presents the question whether violation of section 245, subdivision (a)(1), assault with intent to create great bodily injury, or “aggravated assault,” which is not a…