Does Section 1192.7, subdivision (c) of the California Criminal Code apply to a defendant who has committed a serious felony under the Criminal Code?
California, United States of America
The following excerpt is from People v. Sanchez, 230 Cal.App.3d 768, 281 Cal.Rptr. 459 (Cal. App. 1991):
This court in People v. Ybarra (1988) 206 Cal.App.3d 546, 550, 253 Cal.Rptr. 644, held that "determination of whether the underlying offense [230 Cal.App.3d 773] and the defendant's conduct qualify as a serious felony within the meaning of [a subsection of section 1192.7, subdivision (c) ] is a matter which should be left to a future case in which the issue is fully justiciable. [Citations.]"
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