How has Section 1192.7(c)(31) of the California Three Strikes Law interpreted the meaning of section 245(a)(1) in the context of serious felonies?

Further, even if a literal interpretation of other provisions added to section 1192.7, subdivision (c) by virtue of Proposition 21 would produce such results, it is clear that a literal interpretation of section 1192.7(c)(31) does not have that effect. There is a rational basis for distinguishing between assaults that are accomplished by means of force likely to produce great bodily injury, but that do not actually result in such injury, on one hand, and felony assaults involving specified deadly weapons or against peace officers or firefighters, on the other, for purposes of the Three Strikes Law. At least one other statute existing at the time Proposition 21 passed provided for increased penalties for certain persons convicted of felonies involving the personal use of force likely to produce great bodily injury ( 667.7, subd. (a) [habitual offender statute]) and it is appropriate to assume that the drafters of Proposition 21 were aware of the existing law and capable of using language to specifically refer to such assaults if they intended to include them as "serious felonies." (See generally, Horwich v. Superior Court (1999) 21 Cal.4th 272, 283, 87 Cal.Rptr.2d 222, 980 P.2d 927.) Notably, the People have not referred us to any legislative history to Proposition 21 indicating that the voters specifically intended to include all violations of section 245(a)(1)

[113 Cal.Rptr.2d 163]

as "serious felonies" within the ambit of section 1192.7(c)(31).

[93 Cal.App.4th 280]