WILLIAMS v. SUPERIOR COURT

No. B148802.

111 Cal.Rptr.2d 918 (2001)

92 Cal.App.4th 612

Larry Darnell WILLIAMS, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; The People, Real Party in Interest.

Court of Appeals of California, Second District, Division Two.

September 26, 2001.


Attorney(s) appearing for the Case

Jonathan E. Roberts, for Petitioner.

No appearance, for Respondent.

Steve Cooley, District Attorney of Los Angeles County, Brent Riggs and Phyllis C. Asayama, Deputy District Attorneys, for Real Party in Interest.


NOTT, Acting P.J.

We find that a conviction under section 245, subdivision (a)(1) for an assault with intent to create 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, firearm, machinegun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter." Accordingly, we grant the petition for writ of mandate.

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