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Name: People v. Winters
Case #: D036533
District 4 DCA
Division: 1
Opinion Date: 10/26/2001
Subsequent History: Rev. denied 1/23/02.

Under Proposition 21, a prior conviction under Penal Code section 245, subdivision (a)(1) for an assault not involving a deadly weapon or a firearm, or an assault on a peace officer or firefighter is not a serious felony under Penal Code section 1192.7. The statutory language is clear and unambiguous.