PEOPLE v. HAYKEL

No. G028079.

116 Cal.Rptr.2d 667 (2002)

96 Cal.App.4th 146

The PEOPLE, Plaintiff and Respondent, v. Frederick Henry HAYKEL, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

February 13, 2002.


Attorney(s) appearing for the Case

Carmela F. Simoncini, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, James D. Dutton and Michael T. Murphy, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

O'LEARY, Acting P.J.

In this case we hold that because assault by means of force likely to produce great bodily injury is not listed as a serious felony under Penal Code section 1192.7, subdivision (c),1 a conviction for that crime may not be counted as a strike under the Three Strikes law. Accordingly, we reverse and remand for resentencing.

Frederick Henry Haykel was charged with two felony counts of possession...

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