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Name: People v. James
Case #: B146548
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 08/27/2001
Subsequent History: None

Appellant was charged with a felony and two prior “strikes” for assault with a firearm and for shooting into an inhabited dwelling. At the time the prior offenses were committed, those offenses were only serious felonies if the defendant personally used a firearm or inflicted great bodily injury. In March, 2000, Proposition 21 amended Penal Code section 1192.7, making both of the offenses serious felonies. The trial court struck the two prior “strikes,” concluding that application of the law to prior convictions suffered before the effective date of Proposition 21 violated the prohibition against ex post facto laws. The appellate court here reversed. If a defendant’s current offense was committed on or after the effective date of Proposition 21, a determination whether the defendant’s prior conviction was a serious felony must be based on the definition of serious felonies in effect on March 8, 2000.