Are all prior Penal Code section 245 convictions “strikes” within the meaning of Penal Code section 1170.12?
To constitute a strike, a prior assault conviction must be a “serious felony.” Penal Code section 1192.7(c) defines what a serious felony is. The following offenses are specifically listed: Section 8: any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm; Section 10: assault with an intent to commit rape or robbery; Section 11: assault with a deadly weapon or instrument on a peace officer; Section 12: assault by a life prisoner on a noninmate; Section 13: assault with a deadly weapon by an inmate; Section 23: any felony in which the defendant personally used a dangerous or deadly weapon; Section 29: assault with the intent to commit mayhem, rape, sodomy, or oral copulation in violation of Section 220; Section 31: assault with a deadly weapon, firearm, machinegun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter, in violation of
