Nobleton

The People and defendant Ronnie Lee Nobleton both appeal from the judgment entered following defendant’s plea of guilty to possession of a firearm by a felon and admissions that he suffered a prior felony conviction and served a prior prison term. Their respective contentions are as follows: (1) the People contend the trial court erred in refusing to sentence defendant pursuant to Penal Code section 667, subdivision (e)(1) ; (2) defendant contends the trial court erred in using the same prior felony conviction both to deny probation under section 667, subdivision (c)(2) and to establish the elements of the underlying charge of possession of a firearm by a felon; and (3) that the facts were insufficient to support an enhancement pursuant to section 667.5, subdivision (b). After review, we modify the judgment and affirm the judgment as so modified.

Factual and Procedural Summary

This case arises under the “Three Strikes” statute, chapter 12 of the Statutes of 1994, adopted as an urgency measure, effective March 7, 1994. It made significant changes to section 667, adding subdivisions (b) through (i) relating to increased punishment for recidivists who had suffered one or…