How have courts interpreted section 667, subdivision (d)(1) of the Three Strikes Act?

California, United States of America


The following excerpt is from Gonzales v. Superior Court, 37 Cal.App.4th 1302, 44 Cal.Rptr.2d 144 (Cal. App. 1995):

Reed cited three reasons for this interpretation of section 667, subdivision (d)(1). First, the lists of qualifying felonies found in sections 667.5, subdivision (c) and 1192.7, subdivision (c) "include several former felonies that were repealed before enactment of the Three Strikes law. 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 [1985] 37 Cal.3d [826,] 832 [210 Cal.Rptr. 623, 694 P.2d 736].)" (Reed, supra, 33 Cal.App.4th at p. 1611, 40 Cal.Rptr.2d 47, fn. omitted, italics original; Green, supra, 36 Cal.App.4th at p. 282, 42 Cal.Rptr.2d 249.)

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