People v. Solis (2001)

THE PEOPLE, Plaintiff and Respondent, v. JAVIER SOLIS, Defendant and Appellant.

[Modification of opinion (90 Cal. App. 4th 1002; 109 Cal.Rptr.2d 464).]

THE COURT fn. †

The opinion filed on July 20, 2001, is modified as follows:

1. The first full paragraph following the heading "Discussion" at page 16 of the slip opinion [90 Cal. App. 4th 1018, advance report] is deleted and the following paragraph, including the footnote, is inserted in its place:

At the time defendant committed these crimes, assault with a deadly weapon was not designated a serious felony within the meaning of the Three Strikes law. fn. 7 Accordingly, a prior conviction for a violation of section 245 could only qualify as a strike if defendant either personally inflicted great bodily injury or personally used a dangerous or deadly weapon while committing the crime. (§ 1192.7, subd. (c)(8) and (c)(23).) Consequently, a conviction could not be considered a strike if it was based on a theory of aiding and abetting. (People v. Rodriguez (1998) 17 Cal. 4th 253, 261.)

2. This change will require renumbering of the subsequent footnotes.

This modification does not affect a change in the judgment.

FN †. Before Vogel (C. S.), P. J., Hastings, J., and Curry, J.

FN 7. In March 2000, section 1192.7 was amended to include subdivision (c)(31) which defines assault with a deadly weapon as a serious felony.