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The People v. Claudell Nolen

March 27, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
CLAUDELL NOLEN, DEFENDANT AND APPELLANT.



(Super. Ct. No. 09F07558)

The opinion of the court was delivered by: Blease , Acting P. J.

P. v. Nolen

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

A jury convicted defendant Claudell Nolen of one count of child endangerment (Pen. Code, § 273a, subd. (a)). Defendant admitted a prior strike conviction and four prior prison terms. The trial court sentenced him to the middle term of eight years for the child endangerment conviction and four years for the enhancements, for a total prison term of 12 years. The court awarded defendant 299 days of actual credit and 148 days of conduct credit for a total of 447 days of credit for time served.

Defendant argues the trial court erred in admitting the birth certificate of his victim for the purpose of establishing the victim's age. He claims the birth certificate was hearsay, and was not relevant. He further argues the trial court erred in calculating his credit for time served.

We shall conclude that the birth certificate was neither inadmissible hearsay, nor irrelevant. However, the trial court miscalculated defendant's presentence credits. We shall therefore modify the judgment to credit defendant with three more days.

FACTUAL AND PROCEDURAL BACKGROUND

Sheriff's Deputy James Wilcox attempted to initiate a nighttime traffic stop on a pickup being driven by defendant. The pickup did not stop when Wilcox activated his lights, and instead sped up and made a U-turn. Officer Wilcox pursued the vehicle with his lights and siren on. He estimated defendant's vehicle was traveling 45 to 50 miles per hour. As Wilcox followed the pickup, he observed defendant climb out of the driver's side window while the pickup was still moving. Defendant fell to the ground and was struck by the pickup. Wilcox estimated the pickup was moving at approximately 40 to 45 miles per hour when defendant climbed out of the window.

The pickup continued down the street about 100 to 150 yards. A few minutes after the stop, Wilcox became aware that there was a passenger in the pickup. Wilcox testified that there was a child in the pickup who was very quiet, and seemed scared and in shock. Wilcox estimated the child was four feet tall and weighed 120 pounds.

Wilcox's car was equipped with an in-car camera that was activated and recorded the incident. The video was played for the jury.

Deputy Sheriff Cathy Crowley also responded to the scene. The victim told Crowley that his name was Latrale W. Crowley estimated the victim was approximately four feet, eight inches tall, and around 11 years old. She stated the victim was shaking and crying. She testified that the victim was taken to the receiving home because his father could not be located.

Crowley's vehicle also had an in-car camera that was activated, and recorded a picture of the victim. The ...


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