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People v. Delgado (2008) , Cal.4th
[No. S141282. May. 29, 2008.]
THE PEOPLE, Plaintiff and Respondent, v. JESSE JOE DELGADO, Defendant and Appellant.
(Superior Court of Los Angeles County, No. YA055467, Laura C. Ellison, Judge.)
OPINION
BAXTER, J.-
After a jury convicted defendant of felony offenses, a court trial was held on the allegation, for purposes of enhancing his sentence, that he had a prior serious felony conviction. The statute under which defendant was previously convicted -- Penal Code section 245, subdivision (a)(1) (section 245(a)(1)) fn. 1 -- punishes assault committed either by means "likely to produce great bodily injury" (GBI), or by use of "a deadly weapon . . . other than a firearm." Only the latter version qualifies as a serious felony.
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