People v. Nettles CA3

BACKGROUND

I. In 1998, a jury found Nettles guilty of willfully delivering false checks with insufficient funds (§ 476a, subd. (a)) and petty theft with a prior theft conviction for shoplifting items from a grocery store (§ 666). The jury also found that the amount of the fraudulent checks exceeded $200, making the offense a felony. The trial court found that Nettles had three prior strike convictions: two convictions for assault with intent to commit rape (§ 220) and one conviction for robbery (§§ 221, 667, subds. (b)-(i),

2 1170.12). The court also found that he had served one prior prison term (§ 667.5, subd. (b)) for possession of cocaine (Health & Saf. Code, § 11350). The court sentenced Nettles to 25 years to life as a third strike offender under the former version of the Three Strikes law for the false check offense plus one year for the prior prison term enhancement. The court reduced the petty theft offense to a misdemeanor and stayed the one-year sentence under section 654. This court affirmed the judgment on appeal. (See People v. Nettles (Aug. 28, 2000, C029790) [nonpub. opn.] (Nettles I).)2

II.

In 2012 and 2014, Nettles sought resentencing relief under two laws…