People v. Olson CA3

Filed 5/28/25 P. v. Olson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Amador) ----

THE PEOPLE, C100113

Plaintiff and Respondent, (Super. Ct. No. 07CR12057)

v.

ERIC CHARLES OLSON,

Defendant and Appellant.

Defendant Eric Charles Olson was convicted in 2009 of criminal threats with two prior strikes and three prior prison term enhancements. He was sentenced to prison for 28 years to life. He appeals from a resentencing order made under Penal Code1 section 1172.75, where the trial court struck the three prior prison term enhancements but otherwise left the sentence unchanged. He contends the trial court abused its discretion

1 Undesignated statutory references are to the Penal Code.

1

in declining to reduce the sentence further. We disagree with that, but we remand for the trial court to recalculate the custody credit award. FACTUAL AND PROCEDURAL BACKGROUND We derive our statement of facts from this court’s opinion in defendant’s direct appeal. (People v. Olson (Mar. 7, 2011, C063082) [nonpub. opn.].) In February 2007, defendant drove his pickup by three children who were walking along the highway to catch a bus to church. He honked his horn at them and flipped them off. The children had done nothing to provoke defendant. A few minutes later, defendant drove up from the rear, pulled onto the shoulder, slammed on his brakes, held in his hand a box cutter with an exposed three-inch blade and yelled at one of the children, “ ‘Why didn’t you tip your hat to me, you fucking [n-word]?’ ” Defendant again called that child a “ ‘fucking [n-word]’ ” and was waving the box cutter back and forth in front of the child. Defendant said, “ ‘right then he could slit [the child’s] throat if he wanted to and that he knows where [the child’s] family lives . . . and he can kill [the child’s] whole family.” Defendant got in his truck and drove off. Two or three weeks later, that child saw defendant sitting on an ATV adjacent to the child’s house. Defendant looked at the child, pointed two fingers toward his own eyes, and then pointed them toward the child. The child’s mom called police. In 2009, a jury found defendant guilty of one count of making criminal threats (§ 422), one count of misdemeanor exhibiting a deadly weapon (§ 417, subd. (a)(1)), and three counts of misdemeanor assault (§ 240). It was also found true that defendant had two prior strikes (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and three prior prison terms (former § 667.5, subd. (b)). According to the information, the two prior strikes were based on a 1992 conviction for first degree burglary (§ 459) and a 1994 conviction for robbery (§ 211).