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Name: Williams v. Superior Court
Case #: B148802
District 2 DCA
Division: 2
Opinion Date: 09/26/2001
Subsequent History: None

A conviction under Penal Code section 245, subdivision (a)(1) for an assault with intent to commit great bodily injury is not a serious felony within the meaning of section 1192.7, subdivision (c)(31) when it is not an assault with a deadly weapon or firearm or an assault on a peace officer. Therefore, where one of petitioner’s prior “strikes” was a 1999 conviction for assault where petitioner struck the victim with his fist, the prior conviction was not a serious felony within the meaning of that section, and his motion to strike the prior conviction should have been granted.