Three Strikes
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Three Strikes Law
Strikes
Timing of strikes
To allege a strike prior, the conviction must have already happened on the date of the new offense. (People v. Flood (2003) 108 Cal.App.4th 504.) So when a person commits an ADW in September 2000, and was convicted of a strike in November 2000, the November 2000 strike can't be used as a strike prior, even if the plea to the ADW was in November 2001.
A strike prior becomes a conviction upon entry of plea or verdict, not when judgement is pronounced. (People v. Williams (1996) 49 Cal.App.4th 1632.)
Crimes
Offenses below which are listed as "maybe" will usually require an examination of the record of conviction (ROC) to determine if the charged offense meets the crime listed in the statute. A court may look at the entire record of conviction. (People v. Reed (1996) 13 Cal.4th 217, 226.) The record can include the transcript of the preliminary hearing. (People v. Bartow (1996) 46 Cal.App.4th 1573.)
| Code | Crime | Serious | Violent | Notes | |
|---|---|---|---|---|---|
| PC37 | Treason | Yes, PC1192.7(c)(7) | Yes, PC667.5(c)(7) | ||
| PC128 | Perjury resulting in execution of innocent person | Yes, PC1192.7(c)(7) | Yes, PC667.5(c)(7) | ||
| PC136.1 | Intimidation of victims or witnesses | Yes, PC1192.7(c)(37) People v. Neely (2004) 124 Cal.App.4th |
No | Neely held any felony violation of 136.1 as serious | |
| PC148.10 | Resisting police officer with SBI or death to officer | Maybe, PC1192.7(c)(8) People v. Rodriguez (1999) 69 Cal.App.4th 341 |
No | Personally inflicting serious injury is serious, but 148.10 can be violated by proximately causing injury | |
| PC186.22 | Gang offense | Yes, PC1192.7(c)(28) | |||
| PC187 | Murder | Yes, PC1192.7(c)(1) | Yes, PC667.5(c)(1) | ||
| PC187/PC664 | Attempted murder | Yes, PC1192.7(c)(9) | Yes, PC667.5(c)(12) | ||
| PC191.5 | Gross vehicular manslaughter | Maybe, PC1192.7(c)(8), PC1192.8 People v. Wilson (2013) 219 Cal.App.4th 500, People v. Gonzales (1994) 29 Cal.App.4th 1684 | |||
| PC192(a) | Voluntary manslaughter | Yes | PC1192.7(c) | (1) | |
| PC192(b) | Involuntary manslaughter | No | People v. Cook (1984) 158 Cal.App.3d 948 | ||
| PC192(c)(1) | Gross vehicular manslaughter | Maybe | People v. Marin (2015) 240 Cal.App.4th 1344, 1350–1351 PC1192.8 People v. Gonzales (1994) 29 Cal.App.4th 1684 |
(8) | To be serious, must prove personal infliction of GBI to non-accomplice |
| PC203 | Mayhem | Yes | PC1192.7(c) | (2) | |
| PC205 | Aggravated mayhem | Yes | PC1192.7(c) | (2),(7) | |
| PC206 | Torture | Yes | PC1192.7(c) | (7),(8) | |
| PC207 | Kidnapping | Yes | PC1192.7(c) | (20) | |
| PC209 | Kidnapping for ransom | Yes | PC1192.7(c) | (20) | |
| PC209.5 | Kidnapping during carjacking | Yes | PC1192.7(c) | (20),(27) | |
| PC211 | Robbery | Yes | PC1192.7(c) | (19) | |
| PC215 | Carjacking | Yes | PC1192.7(c) | (27) | |
| PC220 | Assault with the intent to commit mayhem, rape, sodomy, or oral copulation | Maybe | PC1192.7(c) | (10), (29) | Does not include assault with intent to commit PC264.1, PC286, PC288, PC288a, PC289 |
| PC243(d) | Battery with SBI | Yes | PC1192.7(c) | (8) | |
| PC244 | Throwing acid or flammable substances | Maybe | PC1192.7(c) | (30) | ???? |
| PC245(a)(1) | Assault with a deadly weapon | Yes | PC1192.7(c) | (31) | Use of firearm does not have to be personal.[1] |
| PC245(a)(2) | Assault with a firearm | Yes | People v. Myers (2007) 148 Cal.App.4th 546 | (31) | Use of firearm does not have to be personal.[1] |
| PC245(a)(4),former PC245(a)(1) | Assault with means likely to produce GBI | No | People v. Haykel (2002) 96 Cal.App.4th 146 People v. Winters (2001) 93 Cal.App.4th 273 Williams v. Superior Court (2001) 92 Cal.App.4th 612. | ||
| PC245(b) | Assault with a semiautomatic firearm | Yes | People v. Le (2015) 61 Cal.4th 416 | (8), (23), or (31) | Use of firearm does not have to be personal.[1] |
| PC245(c) or (d) | Assault with deadly weapon or firearm on police officer | Yes | PC1192.7(c) | (11) | Does not include assault on firefighter |
| PC245.2 | Assault with a deadly weapon against a public transit employee | Maybe | PC1192.7(c) | (32) | Does not include assault with means likely to produce GBI |
| PC245.3 | Assault with a deadly weapon against a custodial officer | Maybe | PC1192.7(c) | (32) | Does not include assault with means likely to produce GBI |
| PC245.5 | Assault with a deadly weapon against a school employee | Maybe | PC1192.7(c) | (32) | Does not include assault with means likely to produce GBI |
| PC246 | Discharge of a firearm at an inhabited dwelling, vehicle, or aircraft | Maybe | PC1192.7(c) | (33) | Does not include occupied building |
| PC261 | Rape | Yes | PC1192.7(c) | (3) | |
| PC264.1 | Commission of rape or sexual penetration in concert with another person | Yes | PC1192.7(c) | (34) | |
| PC286 | Sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person | Maybe | PC1192.7(c) | (4) | ??? |
| PC286(c) | Sodomy on child <14 years old | Yes | People v. Murphy (2001) 25 Cal.4th 136 | (6) | |
| PC288 | Lewd and lascivious act on child <14 years old | Yes | PC1192.7(c) | (6) | |
| PC288a(c) | Oral copulation on child <14 years old | Yes | People v. Murphy (2001) 25 Cal.4th 136 | (6) | |
| PC288a(c)(2)(A) | oral copulation by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person | ??? | PC1192.7(c) | (5) | |
| PC288.5 | Continuous sexual abuse of a child | Yes | PC1192.7(c) | (35) | |
| PC289(a)(1) | Sexual penetration against the victim’s will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person | Yes | PC1192.7(c) | (25) | |
| PC289(j) | Sexual penetration on child <14 years old | Probably yes | People v. Murphy (2001) 25 Cal.4th 136 | (6) | |
| PC422 | Criminal threats | Yes | PC1192.7(c) | (38) | |
| PC451 | Arson | Yes | PC1192.7(c) | (14) | |
| PC451.5 | Aggravated arson | Yes | PC1192.7(c) | (7),(14) | |
| PC459 PC460(a) |
First-degree Burglary | Yes | People v. Cruz (1996) 13 Cal.4th 764 | (18) | |
| PC487(d)(2) | Grand theft firearm | Yes | PC1192.7(c) | (26) | |
| PC4500 | Assault by life prisoner on non-inmate | Yes | PC1192.7(c) | (12) | Only for non-inmate |
| PC4501(a) | Assault with a deadly weapon by an inmate | Yes | PC1192.7(c) | (13) | |
| PC4503 | holding of a hostage by a person confined in a state prison | Yes | PC1192.7(c) | (21) | |
| PC11418(b) or (c) | Use of weapon of mass destruction | Yes | PC1192.7(c) | (41) | |
| PC12022.53 | Firearm sentence enhancement | Yes | PC1192.7(c) | (40) | |
| PC18740 | Exploding a destructive device or any explosive with intent to injure | Maybe | PC1192.7(c) | (15) | Only for exploding, not for possession Not for intent to intimidate or terrify Requires examination of record of conviction |
| PC18745 | exploding a destructive device or any explosive with intent to murder | Yes | PC1192.7(c) | ||
| PC18750 | Exploding a destructive device or any explosive causing bodily injury | Yes | PC1192.7(c) | (16) | |
| PC18750 | Exploding a destructive device or any explosive causing GBI or death | Yes | PC1192.7(c) | (16) | |
| PC26100(c) or (d) | Shooting from a vehicle | Yes | PC1192.7(c) | (36) | |
| VC20001 | Hit and run with injury | Maybe | People v. Wood (2000) 83 Cal.App.4th 862 People v. Braz (1998) 65 Cal.App.4th 425 |
(8) | To be serious, flight, not the initial collision, must be cause of injury |
| VC23104 | Reckless driving with injury | Maybe | PC1192.8 People v. Valenzuela (2010) 191 Cal.App.4th 316 |
(8) | To be serious, must prove personal infliction of GBI to non-accomplice. VC23104 can be violated by proximately causing GBI. |
| VC23153 | DUI with injury | Yes | PC1192.8 People v. Bow (1993) 13 Cal.App.4th 1551 |
(8) or (23) | |
| PC182 | Conspiracy of any of the above | Maybe | PC1192.7(c) | (42) | |
| PC664 | Attempt of any of the above | Maybe | PC1192.7(c) | (39) | Does not include attempt to assault[2] |