Carroll

After two jury trials, Abonilico Lamar Carroll was convicted of kidnapping in violation of Penal Code section 207, disobeying a court order in violation of section 273.6, subdivision (a), resisting a police officer in violation of section 148, subdivision (a), and battery in violation of section 242. In the first trial the jury was unable to reach a verdict on the kidnapping offense. In the second trial Carroll was convicted of kidnapping.

After the verdict in the second trial Carroll waived jury trial on the alleged priors and admitted two prison priors within the meaning of section 667.5, subdivision (b), one serious felony prior conviction within the meaning of section 667, subdivision (a), and one serious/violent felony prior conviction within the meaning of section 667, subdivisions (b)-(i).

Carroll was sentenced to a determinate term of fifteen years, consisting of the middle term of five years for kidnapping, doubled pursuant to section 667, subdivision (e), and five years for the serious felony prior. The trial court struck the prison priors at the time of sentencing.

Carroll appeals, raising various challenges to the applicability of the three strikes law to…