Legal Opinion
People v. HAYKEL
California Court of Appeal
Decided February 13, 2002No. G028079PublishedCited by 17 opinions
1Opinion of the Court
Opinion
O’LEARY, Acting P. J.
In this case we hold that because assault by means of force likely to produce great bodily injury is not listed as a serious felony under Penal Code section 1192.7, subdivision (c), 1 a conviction for that crime may not be counted as a strike under the “Three Strikes” law. Accordingly, we reverse and remand for resentencing.
Frederick Henry Haykel was charged with two felony counts of possession of a controlled substance. A 1995 conviction for assault by means of force likely to produce great bodily injury (§ 245) was alleged as a prison prior (§ 667.5, subd. (b))…
2Cases cited6 opinions
- People v. JonesCalifornia Supreme Court · 1993
- Lennane v. Franchise Tax BoardCalifornia Supreme Court · 1994
- Heavenly Valley v. El Dorado County Board of EqualizationCalifornia Court of Appeal · 2000
- People v. HarveyCalifornia Court of Appeal · 1991
- Williams v. Superior CourtCalifornia Court of Appeal · 2001
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- People v. BracamonteCalifornia Court of Appeal · 2003
- People v. BanuelosCalifornia Court of Appeal · 2005
- People v. AguayoCalifornia Supreme Court · 2022
- People v. BricenoCalifornia Court of Appeal · 2003
- P. v. Russell CA1/5California Court of Appeal · 2013
12 more not listed; retrieve them via the Exa API.