People v. Nolen CA3

BACKGROUND

In 2013, a jury found Nolen guilty of carjacking, kidnapping, assault with a deadly weapon, and attempted robbery and found true allegations that he personally used a deadly weapon in the commission of the offenses. Nolen admitted that he had previously been convicted of a serious or violent felony within the meaning of California’s Three Strikes law and a serious felony within the meaning of section 667, subdivision (a). He also admitted that he previously served a term in prison within the meaning of former section 667.5, subdivision (b). The trial court sentenced Nolen to an aggregate term of 23 years 8 months in prison. The sentence included a five-year prior serious felony enhancement, a three-year enhancement for use of a deadly weapon, and a stayed one- year enhancement for use of a deadly weapon. The court also imposed and stayed a one- year prior prison term enhancement under former section 667.5, subdivision (b). In 2023, Nolen asked the trial court to resentence him pursuant to the newly enacted section 1172.75 and to dismiss his prior strike conviction and all of the enhancements. The People argued that Nolen was not eligible for resentencing under section…