What is the test for determining whether a defendant's prior conviction was for a serious felony within the meaning of the three strikes law?

California, United States of America


The following excerpt is from People v. Solomon, C085796 (Cal. App. 2020):

Where, as here, "a defendant's current offense was committed on or after the effective date of Proposition 21, a determination whether the defendant's prior conviction was for a serious felony within the meaning of the three strikes law must be based on the definition of serious felonies in Penal Code section 1192.7, subdivision (c) in effect on March 8, 2000," i.e., the effective date of Proposition 21. (People v. James (2001) 91 Cal.App.4th 1147, 1150.) Accordingly, we must determine whether the record contains sufficient substantial evidence to support the trial court's determination that defendant's

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