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act on a child under 14, any felony punishable by death or imprisonment for life, any felony in which the defendant personally inflicted great bodily injury, attempted murder, assault with intent to commit rape or mayhem or sodomy or oral copulation or robber, assault with a deadly weapon on a peace officer, assault by a life prisoner on a non-inmate, assault with a deadly weapon by an inmate, arson, exploding a destructive device with intent to injure, exploding a destructive device causing great bodily injury or mayhem, exploding a destructive device with intent to murder, burglary of an inhabited dwelling house, robbery, kidnapping, holding a hostage in a state prison, attempt to commit a felony punishable by death or imprisonment for life, any felony in which a dangerous or deadly weapon is used, selling to a minor any heroin, cocaine, PCP, or methamphetamine, sodomy by force, grand theft involving a firearm, carjacking, 288.5, assault with a caustic chemical, assault with a deadly weapon on a firefighter, rape with a foreign object, any felony listed in 12022.3 in which a firearm is used, any attempt to commit one of the foregoing listed felonies, any conspiracy to commit an offense described in 11370.4 of the Health and Safety Code (sale or manufacture of very large quantities of narcotics). |
As demonstrated by the list of "serious" and "violent" felonies, all of these crimes involve the most aggravated form of criminal conduct with a high degree of danger of physical injury or harm to individuals or to society as a whole. In order for the Three Strikes Law to be implemented, the offender must commit a new felony and have been previously convicted of a "serious" or "violent" felony as specified in (California Pen. Code, � 667, sub. (e)(2)(B)(f)(1)). Thus, simply the commission of a felony or even a "serious" or "violent" felony does not, of itself, implement the consequences of the Three Strikes Law. A felon who never has committed a "serious" or "violent" felony will never be subject to the law no matter how many felonies he/she commits so long as none of them are "serious" or "violent." In other words, a person could be convicted of one hundred car thefts, grand thefts or drug offenses and they would never qualify for |
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