Does the Three Strikes law apply to prior felonies that have been repealed prior to the enactment of section 667 of the California Penal Code?

California, United States of America


The following excerpt is from People v. Reed, 33 Cal.App.4th 1608, 40 Cal.Rptr.2d 47 (Cal. App. 1995):

First, the lists of prior felonies invoking the Three Strikes law, set forth in Penal Code sections 667.5 and 1192.7 and incorporated into subdivision (d)(1) of section 667, include several former felonies that were repealed before enactment of the Three Strikes law. 3 Construction of the Three Strikes law to preclude its application to convictions predating its enactment would make meaningless its references to these former felonies, which can only have occurred prior to enactment, and is thus disfavored. (People v. Jackson, supra, 37 Cal.3d at p. 832, 210 Cal.Rptr. 623, 694 P.2d 736.)

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