Re: California VC 23104(B)
You appear to be charged with much more that CVC 23104(b) ... what are the specific statutes you are being charged with?
Is the assault related to this case or another one? What is the statute you are charged with?
- Carl
Re: California VC 23104(B)
Prior convictions are: (1988) 459-residential burglary and (1993) vc 23104(B)
Current charge is 242 assault
D.A. is using both priors as serious
I need a precedence that defines vc 23104(B) (serious enough or not to be a strike)
This appellate decision should post date (March 1994) and refer to the California three strikes law
Re: California VC 23104(B)
While it's not uncommon for laypersons, law students, and even newbie lawyers to believe that there's a magic case law tree you can shake, and have a 100% perfect precedent fall into your lap, that's unfortunately not the case. More often you're stuck arguing by analogy, or debating whether the similarities in a case are more important than the differences so that the court can determine whether or not to apply it. You are free to try to find case law (using a free service like lexisone.com or a paid service), or probably better have your lawyer search for you, but there's no guarantee that you'll find anything.
You're citing People v. Wood (2000) 83 Cal.App.4th 862. That's not going to help you. That case found, in my opinion by virtue of common sense, that a "hit and run" charge could not be a "serious felony" (and thus a "strike") under Pen. Code sec. 1192.7(c)(8) ("any felony in which the defendant personally inflicts great bodily injury on any person...") because absent unusual circumstances (the flight causing the injury) the injury precedes the offense and is not part of the offense.
You are describing instead a conviction under Vehicle Code sec. 23104(b):
Quote:
Quoting CVC 23104(b)
Any person convicted of reckless driving which proximately causes great bodily injury, as defined in Section 12022.7 of the Penal Code, to any person other than the driver, who previously has been convicted of a violation of Section 23103, 23104, 23109, 23152, or 23153, shall be punished by imprisonment in the state prison, by imprisonment in the county jail for not less than 30 days nor more than six months or by a fine of not less than two hundred twenty dollars ($220) nor more than one thousand dollars ($1,000) or by both the fine and imprisonment.
Under that statute the reckless driving must cause great bodily injury for the conviction to occur, so no similar argument can be made.
Re: California VC 23104(B)
Thank you Knowitall, I see the difference between "Wood", and my case, it doesn't look good. I appreciate the help.