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Name: People v. Deporceri
Case #: H023851
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 01/13/2003
Subsequent History: Rev. denied 4/16/03.
Summary

Assault with intent to commit lewd touching, in violation of Penal Code section 220, qualifies as a “strike” under the three strikes law. Since a lewd or lascivious act on a child under 14 is a serious felony, “any attempt” to commit such an act is also a serious felony. Assault with the intent to commit a violation of section 288 necessarily involves an attempt to commit the act, and therefore is a serious felony.