Moore

In this appeal we must decide whether a prior conviction for violation of Penal Code section 422 1 qualifies as a “strike” under the 2000 amendments to the “Three Strikes” law. We find that it does so qualify and we affirm the judgment.

I. FACTUAL AND PROCEDURAL BACKGROUND

In 1998 and 1999, defendant threatened to kill his former girlfriend and her new boyfriend on numerous occasions. He pleaded guilty to violating section 422. At the time, section 422 was not listed as a serious felony under the *76 Three Strikes law. Amendments to the Three Strikes law, enacted in 2000 by initiative as part of Proposition 21, added “terrorist threats, in violation of section 422” to the list of serious felonies. (§ 1192.7, subd. (c)(38).)

In 2002, defendant sold drugs to an undercover police officer. He was charged with transportation, sale and distribution of methamphetamine. (Health & Saf. Code § 11379, subd. (a).) His prior conviction for violation of section 422 was charged as a serious felony pursuant to the provisions of the Three Strikes law. (§§ 667.5, subd. (c), 1192.7, subd. (c)(38), 667, subds. (b)-(i), 1170.12.) Defendant pleaded guilty to violating Health and Safety Code…