Gonzales v. Superior Court

Does “Three Strikes—The Legislation,”

Penal Code section 667, subdivisions (b) through (i), apply to California convictions predating its March 7, 1994, effective date? Four recent cases have held the law applies: People v. Anderson (1995) 35 Cal.App.4th 587 [ 41 Cal.Rptr.2d 474 ] (Anderson); People v. Reed (1995) 33 Cal.App.4th 1608 [ 40 Cal.Rptr.2d 47 ] (Reed); People v. Sipe (1995) 36 Cal.App.4th 468 [ 42 Cal.Rptr.2d 266 ] (Sipe); and People v. Green (1995) 36 Cal.App.4th 280 [ 42 Cal.Rptr.2d 249 ] (Green). We do likewise.

An information charged petitioner Danny Gonzales with assault with intent to commit rape (count I, § 220) and assault with a deadly weapon (count II, § 245, subd. (a)(1)), both crimes occurring March 8, 1994. Appended to count I were special allegations that Gonzales had suffered prior convictions in 1980 and 1981, respectively, for robbery (§ 211) and residential burglary (§ 459), each crime being a serious felony within the meaning of sections 1192.7 and 667, subdivision (d). Appended to each count were four prior prison term enhancement allegations. (§ 667.5, subd. (b).)

Gonzales filed a motion to strike the prior felony conviction allegations…