Opinion
Page 341a
91 Cal.App.4th 341a THE PEOPLE, Plaintiff and Respondent, v. JAVIER SOLIS, Defendant and Appellant. B142250. California Court of Appeal, Second District, Fourth Division Aug. 10, 2001[Modification of opinion (90 Cal.App.4th 1002 109 Cal.Rptr.2d 464).]
This modification requires deleting headnote (8) onpage 1005 of the advance report. Headnotes (7a, 7b), (9a, 9b), (10), (11a-11d) and (12) through (14) will be renumbered (7), (8a, 8b), (9), (10a-10d) and (11) through (13) in the bound volume report. Movement of text will be made affecting pages 1008-1025.
OPINION
Before Vogel (C. S.), P. J., Hastings, J., and Curry, J.
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. 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. (section1192.7, 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 [70 Cal.Rptr.2d 334].)
In March 2000, section 1192.7 was amended to include subdivision (c)(31) which defines assault with a deadly weapon as a serious felony.
2. This change will require renumbering of the subsequent footnotes.
This modification does not affect a change in the judgment.