Galvan

FACTS

Defendant was convicted of assault with a firearm (§ 245, subd. (a)(2)), and related allegations that he used a firearm in the commission of the offense and inflicted great bodily injury were also found true. The court found that defendant had committed three prior felonies and sentenced him to an indeterminate term of 25 years to life, plus an additional five-year term pursuant to section 667, subdivision (a)(1), which applies to “any person convicted of a serious felony who previously has been convicted of a serious felony.” He was also sentenced to a one-year concurrent sentence for the use of a firearm in the commission of his offense. In 1997, we affirmed that conviction on appeal, but struck the five-year sentence enhancement. (People v. Galvan and Alijo (Sept. 30, 1997, G019403)

3 [nonpub.opn.].) We explained that at that time, defendant’s “present offense . . . is not a ‘serious felony.’” (Id. at p. 7.) However, as defendant acknowledges, the law changed in 2000 when the voters passed Proposition 21, mandating that the crime of assault with a firearm be reclassified as a “serious” felony under section 1192.7, subdivision (c), without regard to a defendant’s…