Strike: Difference between revisions
Jump to navigation
Jump to search
No edit summary |
No edit summary |
||
| Line 97: | Line 97: | ||
|PC451||Arson||Yes, PC1192.7(c)(14)||Yes for only (a) and (b), PC667.5(c)(10)||Yes for only (a) and (b), 707(b)(2) | |PC451||Arson||Yes, PC1192.7(c)(14)||Yes for only (a) and (b), PC667.5(c)(10)||Yes for only (a) and (b), 707(b)(2) | ||
|- | |- | ||
|PC459<BR>PC460(a)||First-degree Burglary||PC1192.7(c)(18)||Maybe, PC667.5(c)(21)||No||Violent if pleaded and proven that another person, other than accomplice, was present, aka "hot prowl" | |PC459<BR>PC460(a)||First-degree Burglary||Yes, PC1192.7(c)(18)||Maybe, PC667.5(c)(21)||No||Violent if pleaded and proven that another person, other than accomplice, was present, aka "hot prowl" | ||
|- | |- | ||
|PC487(d)(2)||Grand theft firearm||Yes, PC1192.7(c)(26)||No||No | |PC487(d)(2)||Grand theft firearm||Yes, PC1192.7(c)(26)||No||No | ||
Revision as of 16:43, 6 July 2024
Crimes
| Code | Crime | Serious? | Violent? | 707(b)? | Notes |
|---|---|---|---|---|---|
| PC37 | Treason | Yes, PC1192.7(c)(7) | Yes, PC667.5(c)(7) | No | |
| PC128 | Perjury resulting in execution of innocent person | Yes, PC1192.7(c)(7) | Yes, PC667.5(c)(7) | No | |
| PC136.1 | Intimidation of victims or witnesses | Yes, PC1192.7(c)(37) | No | Yes, 707(b)(19) | People v. Neely (2004) 124 Cal.App.4th 1258 held any felony violation of any of 136.1 as serious. |
| PC137 | Witness influencing | No | No | Yes, 707(b)(19) | |
| PC148.10 | Resisting police officer with SBI or death to officer | Maybe, PC1192.7(c)(8) | No | No | People v. Rodriguez (1999) 69 Cal.App.4th 341; 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) | No | Maybe, 707(b)(21) | People v. Briceno (2004) 34 Cal.4th 451, held that both PC186.22(a) crime and PC186.22(b) enhancement are serious. |
| PC187 | Murder | Yes, PC1192.7(C)(1) | Yes, PC667.5(c)(1) | 707(b)(1) | |
| PC187/PC664 | Attempted murder | Yes, PC1192.7(c)(9) | Yes, PC667.5(c)(12) | 707(b)(12) | |
| PC191.5 | Gross vehicular manslaughter | Maybe, PC1192.7(c)(8) | No | No | PC1192.8 People v. Wilson (2013) 219 Cal.App.4th 500 People v. Gonzales (1994) 29 Cal.App.4th 1684 People v. Bow (1993) 13 Cal.App.4th 1551 |
| PC192(a) | Voluntary manslaughter | Yes, PC1192.7(c)(1) | Yes, PC667.5(c)(1) | 707(b)(30) | |
| PC192(b) | Involuntary manslaughter | No | No | No | People v. Cook (1984) 158 Cal.App.3d 948 |
| PC192(C)(1) | Gross vehicular manslaughter | Maybe, under PC1192.7(c)(8) | No | No | To be serious, must prove personal infliction of GBI to non-accomplice People v. Marin (2015) 240 Cal.App.4th 1344, 1350–1351 PC1192.8 People v. Gonzales (1994) 29 Cal.App.4th 1684 |
| PC203 | Mayhem | Yes, PC1192.7(c)(2) | Yes, PC667.5(c)(2) | No | |
| PC205 | Aggravated mayhem | Yes, PC1192.7(c)(2), (7) | Yes, PC667.5(c)(2),(7) | 707(b)(24) | |
| PC206 | Torture | Yes, PC1192.7(c)(7),(8) | Yes, PC667.5(c)(7),(8) | No | |
| PC207 | Kidnapping | Yes, PC1192.7(c)(20) | Yes, PC667.5(c)(14) | Maybe | |
| PC209 | Kidnapping for ransom | Yes, PC1192.7(c)(20) | PC667.5(c)(14) | Yes, 707(b)(9) | |
| PC209.5 | Kidnapping during carjacking | Yes, PC1192.7(c)(20), (27) | Yes, PC667.5(c)(14) | Yes, 707(b)(27) | |
| PC211 | Robbery | Yes, PC1192.7(c)(19) | Yes, PC667.5(c)(9) | Yes, 707(b)(3) | |
| PC215 | Carjacking | Yes, PC1192.7(c)(27) | Yes, PC667.5(c)(17) | Maybe, 707(b)(25) | |
| PC220 | Assault with intent to commit specified felony | Maybe, PC1192.7(c)(10), (29) | Yes, PC667.5(c)(15) | Maybe | Does not include assault with intent to commit PC264.1, PC286, PC288, PC288a, PC289 |
| PC243(d) | Battery with SBI | Maybe, PC1192.7(c)(8) | No | Maybe, 707(b)(14) | GBI both is and is not the same as SBI. And not necessarily personally inflicted. People v. Bueno (2006) 143 Cal.App.4th 1503 People v. Taylor (2004) 118 Cal.App.4th 11 People v. Moore (1992) 10 Cal.App.4th 1868. People v. Johnson (2016) 244 Cal.App.4th 384. For 707(b), see People v. Fountain (2000) 82 Cal.App.4th 61. |
| PC244 | Throwing acid or flammable substances | Maybe, PC1192.7(c)(30) | No | No | |
| PC245(a)(1) | Assault with a deadly weapon | Yes, PC1192.7(c)(31) | No | Yes, 707(b)(14) | Use of deadly weapon does not have to be personal.[1] ADW synonymous with GBI for 707.[2] |
| PC245(a)(2) | Assault with a firearm | Yes, PC1192.7(31) | No | Yes, 707(b)(13) | Use of firearm does not have to be personal.[1] |
| PC245(a)(4),former PC245(a)(1) until 12/31/2011 | Assault with means likely to produce GBI | No | No | Yes, 707(b)(14) | 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, PC1182.7(c)(8), (23), or (31) | No | Yes, 707(b)(13) | People v. Le (2015) 61 Cal.4th 416 Use of firearm does not have to be personal.[1] |
| PC245(c) or (d) | Assault with deadly weapon or firearm, or with means likely to produce GBI, on police officer | Yes, PC1192.7(c)(11) | No | Yes, 707(b)(13),(14) | Assault with force likely to cause GBI is serious. In re C.D. (2017) 18 Cal.App.5th 1021, 1029; People v. Semien (2008) 162 Cal.App.4th 701, 709 Does not include assault on firefighter ADW synonymous with GBI for 707.[2] |
| PC245.2 | Assault with a deadly weapon against a public transit employee | Maybe, PC1192.7(c)(32) | No | Yes, 707(b)(14) | Does not include assault with means likely to produce GBI ADW synonymous with GBI for 707.[2] |
| PC245.3 | Assault with a deadly weapon against a custodial officer | Maybe, PC1192.7(c)(32) | No | Yes, 707(b)(14) | Does not include assault with means likely to produce GBI ADW synonymous with GBI for 707.[2] |
| PC245.5 | Assault with a deadly weapon against a school employee | Maybe, PC1192.7(c)(32) | No | Yes, 707(b)(14) | Does not include assault with means likely to produce GBI ADW synonymous with GBI for 707.[2] |
| PC246 | Discharge of a firearm at an inhabited dwelling, vehicle, or aircraft | Maybe, PC1192.7(c)(33) | No | Maybe, 707(b)(15) | Does not include occupied building |
| PC246.3 | Negligent discharge of firearm | Maybe, PC1192.7(c)(8), (c)(23) | No | No | Not necessarily personal use. People v. Golde (2008) 163 Cal.App.4th 101 |
| PC261 | Rape | Yes, PC1192.7(c)(3) | Yes for (1), (2), (4), (6), PC667.5(c)(3) | Maybe, 707(b)(4) | |
| PC264.1 | Rape in concert | Yes, PC1192.7(c)(34) | Yes, PC667.5(c)(18) | Maybe, 707(b)(4) | |
| PC286(c) | Sodomy on child <14 years old | Yes, PC1192.7(c)(6) | Yes,PC667.5(c)(4) | Maybe, 707(b)(5) | People v. Murphy (2001) 25 Cal.4th 136 |
| PC286(d) | Sodomy | Yes, PC1192.7(c)(4) | Yes, PC667.5(c)(4) | Maybe, 707(b)(5) | |
| PC288(a) | Lewd and lascivious act on child <14 years old | Yes, PC1192.7(c)(6) | Yes, PC667.5(c)(6) | No | |
| PC288(b) | Lewd and lascivious act on child <14 years old with force | Yes, PC1192.7(c)(6) | Yes, PC667.5(c)(6) | Yes, 707(b)(6) | |
| PC287(c), former PC288a(c) | Oral copulation on child <14 years old | Yes, PC1192.7(c)(5) | Yes, PC667.5(c)(5) | Maybe, 707(b)(7) | |
| PC287(d), former PC288a(d) | oral copulation | Yes, PC1192.7(c)(5) | Yes, PC667.5(c)(5) | Maybe, 707(b)(7) | |
| PC288.5 | Continuous sexual abuse of a child | Yes | Yes, PC667.5(c)(16) | No | |
| PC289(a) | Sexual penetration | Yes | Yes, PC667.5(c)(11) | No | |
| PC289(j) | Sexual penetration on child <14 years old | Yes | Yes, PC667.5(c)(11) | No | |
| PC422 | Criminal threats | Yes, PC1192.7(c)(38) | No | No | Added by Prop 21 |
| PC451 | Arson | Yes, PC1192.7(c)(14) | Yes for only (a) and (b), PC667.5(c)(10) | Yes for only (a) and (b), 707(b)(2) | |
| PC459 PC460(a) |
First-degree Burglary | Yes, PC1192.7(c)(18) | Maybe, PC667.5(c)(21) | No | Violent if pleaded and proven that another person, other than accomplice, was present, aka "hot prowl" |
| PC487(d)(2) | Grand theft firearm | Yes, PC1192.7(c)(26) | No | No | |
| PC664 | Attempt | Yes, PC1192.7(c)(39) | Maybe, PC667(c)(12) | No | Only attempted murder is violent.[3].) |
| PC4501(a) | Assault with a deadly weapon by an inmate | Yes, PC1192.7(c)(13) | No | No | |
| PC11418(b) or (c) | Use of weapon of mass destruction | Yes | Yes, PC667.5(c)(23) | No | |
| PC18745 | exploding a destructive device or any explosive with intent to murder | Yes | Yes, PC667.5(c)(13) | Yes, 707(b)(29) | |
| PC18750 | Exploding a destructive device or any explosive causing bodily injury | Yes | Yes, PC667.5(c)(13) | No | |
| PC18750 | Exploding a destructive device or any explosive causing GBI or death | Yes | Yes, PC667.5(c)(13) | No | |
| ??? | Life sentence | Yes, 1192.7(c)(6) | |||
| PC12022(a) | Armed with firearm | Yes, PC1192.7(c)(8) | No | ||
| PC12022(b) | Personal use of deadly weapon | Yes, PC1192.7(c)(23) | No | ||
| PC12022.5 | Use of firearm | Yes | Yes, PC667.5(c)(8) | Yes, 707(b)(17) | |
| PC12022.53 | Firearm sentence enhancement | Yes | Yes, PC667.5(c)(22) | Yes, 707(b)(17) | |
| PC12022.7? | Personal infliction of GBI | Yes, PC1192.7(c)(8) | Yes, PC667.5(c)(8) | ||
| PC26100, former PC12034 | Discharge of firearm from vehicle | Maybe, PC1192.7(c)(8), (c)(23) | No | Maybe, 707(b)(28) | People v. Cortez (1999) 73 Cal.App.4th 276 |
| ??? | Personal use of firearm | Yes, PC1192.7(c)(7) | |||
| HSC11353(c) | Furnishing heroin or cocaine to minor | Yes, PC1192.7(c)(23) | No | No | |
| HSC11380(a) | Furnishing PCP or methamphetamines to minor | Yes, PC1192.7(c)(23) | No | No |
Charging
Penal Code 969f
(a) Whenever a defendant has committed a serious felony as defined in subdivision (c) of Section 1192.7, the facts that make the crime constitute a serious felony may be charged in the accusatory pleading. However, the crime shall not be referred to as a serious felony nor shall the jury be informed that the crime is defined as a serious felony. This charge, if made, shall be added to and be a part of the count or each of the counts of the accusatory pleading which charged the offense. If the defendant pleads not guilty to the offense charged in any count which alleges that the defendant committed a serious felony, the question whether or not the defendant committed a serious felony as alleged shall be tried by the court or jury which tries the issue upon the plea of not guilty. If the defendant pleads guilty of the offense charged, the question whether or not the defendant committed a serious felony as alleged shall be separately admitted or denied by the defendant.
(b) In charging an act or acts that bring the defendant within the operation of paragraph (8) or (23) of subdivision (c) of Section 1192.7, it is sufficient for purposes of subdivision (a) if the pleading states the following:
“It is further alleged that in the commission and attempted commission of the foregoing offense, the defendant ____, personally [inflicted great bodily injury on another person, other than an accomplice] [used a firearm, to wit: ____,] [used a dangerous and deadly weapon, to wit: ____,] within the meaning of Sections 667 and 1192.7 of the Penal Code.”
- ↑ 1.0 1.1 1.2 People v. Myers (2007) 148 Cal.App.4th 546, 554; People v. Luna (2003) 113 Cal.App.4th 395, 398, disapproved on other grounds in People v. Delgado (2008) 43 Cal.4th 1059, 1070, fn. 4.)
- ↑ 2.0 2.1 2.2 2.3 2.4 In re Pedro C. (1989) 215 Cal.App.3d 174
- ↑ People v. Ibarra (1982) 134 Cal.App.3d 413, 425 ["Section 667.5, subdivision (a), does not apply to attempts to commit the crimes referred to as violent felonies."]; People v. Bedolla (2018) 28 Cal.App.5th 535 [holding an attempted "hot prowl" first-degree burglary cannot be "violent"]