What is the test for determining whether a prior assault with a deadly weapon was an assault with deadly weapon or an assault by means of force likely to produce great bodily injury?

California, United States of America


The following excerpt is from People v. Mathis, B282869 (Cal. App. 2019):

In particular, defendant contends that the trial court was required to apply the federal "categorical approach" of looking solely to the elements of the offense to determine whether the prior conviction was an assault with a deadly weapon or an assault by means of force likely to produce great bodily injury, rather than the "modified categorical approach," which would permit review of such documents as "for example, the indictment, jury instructions, or plea agreement and colloquy." (See Mathis v. United States (2016) 579 U.S. ___ [136 S.Ct. 2243, 2247-2249] (Mathis); Descamps v. United States (2013) 570 U.S. 254, 257 (Descamps).)9

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