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Name: People v. Haykel
Case #: G028079
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 02/13/2002
Subsequent History: None

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). The statute is unambiguous; it includes most, but not all, violations of section 245 as serious felonies. Therefore, a conviction for that crime may not be a “strike”, the trial court erred when it refused to dismiss the prior “strike” premised on it., and appellant’s case had to be remanded for resentencing. Further, the court erred when it imposed and stayed the section 667.5, subdivision (b) enhancement. It could impose it or strike it, but it could not be stayed. Therefore, upon remand, the trial court could reconsider imposing the prior prison term in light of the reversal of Haykel’s “3 Strike” sentence.