People v. Jacquett CA3

Filed 7/22/24 P. v. Jacquett CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

THE PEOPLE, C100024

Plaintiff and Respondent, (Super. Ct. No. STKCRFE20190003800) v.

RAYMOND AUSTIN HASSON JACQUETT IV,

Defendant and Appellant.

In 2022, this court upheld defendant Raymond Austin Hasson Jacquett IV’s conviction for second degree murder. (People v. Jacquett (Jul. 14, 2022; C091059) [nonpub. opn.] (Jacquett).) But this court reversed his prison sentence of 15 years to life for that conviction and remanded for resentencing in light of the trial court’s misunderstanding that he was statutorily ineligible for probation. (Ibid.) Following an evidentiary hearing on remand, the trial court denied probation and imposed the same sentence.

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Appointed counsel for defendant filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant filed a supplemental brief. We affirm. BACKGROUND “Defendant Raymond Austin Hasson Jacquett IV was convicted by a jury in a murder-for-hire case. Dr. Thomas Shock, a podiatrist, was shot multiple times in the doorway of his home in Lodi. The jury found defendant guilty of second degree murder for his role in the killing organized by codefendant Robert E. Lee (Lee) in revenge for Dr. Shock’s treatment of Lee’s wife Bonnie Lee, which Lee believed led to her suffering and death.” (Jacquett, supra, C091059.) In their brief on remand, the People asked the trial court to deny probation and reimpose the same sentence. Defendant filed a statement in mitigation with supporting exhibits challenging certain aspects of the original probation report and arguing he should be granted probation given: his lack of prior record, his limited involvement in the murder, and the five plus years he had already served. Defendant submitted an alternative resentencing report drafted by a retired probation officer. At the December 2023 resentencing hearing, the trial court explained its analysis of the applicable factors, highlighting its disagreement with certain factual discrepancies and conclusions of the alternative resentencing report minimizing defendant’s responsibility for the crime. The trial court denied defendant’s request for probation and resentenced him to 15 years to life with updated custody credits. Defendant timely appealed. DISCUSSION Defendant has filed a supplemental brief arguing he did not receive a fair resentencing because the judge was biased and refused to accept his version of the crime as supported by the evidence he submitted in support of his statement in mitigation.