People v. Jackson CA3

California Court of Appeal Sep 11, 2024 No. C097731MUnpublished

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Holding. The court held that a defendant convicted of attempted murder is ineligible for resentencing under Penal Code section 1172.6 if the jury was not instructed on the natural and probable consequences doctrine or other theories of imputed malice.

Issues

Whether a defendant is eligible for section 1172.6 relief when the jury received no instructions on the natural and probable consequences doctrine.
Whether section 1172.6 extends to attempted murder convictions based on theories of imputed malice other than the natural and probable consequences doctrine.
Whether the statutory distinction between murder and attempted murder relief under section 1172.6 violates equal protection.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The jury was not permitted to convict Jackson under the natural and probable consequences doctrine or even as an aider and abettor because the jury received no instructions on those theories of criminal liability.”

“Jackson is thus ineligible for section 1172.6 relief as a matter of law.”

“section 1172.6 expressly limits relief to only those convicted of attempted murder under the natural and probable consequences doctrine.”

Filed 9/11/24 P. v. Jackson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C097731

Plaintiff and Respondent, (Super. Ct. No. 98F06838)

v. ORDER MODIFYING OPINION AND DENYING LAMON EDWARD JACKSON, REHEARING

Defendant and Appellant. [NO CHANGE IN JUDGMENT]

THE COURT: It is ordered that the opinion filed herein on August 19, 2024, be modified as follows:

1. On page 3, the first sentence of the first paragraph beginning with “The trial court sentenced Jackson to prison” is deleted and the following sentence is inserted in its place:

The trial court sentenced Jackson to prison for life with the possibility of parole for the attempted murder plus 20 years for the associated firearm enhancement.

This modification does not change the judgment. The petition for rehearing is denied.

FOR THE COURT:

/s/ ROBIE, Acting P. J.

/s/ BOULWARE EURIE, J.

/s/ MESIWALA, J.

Filed 8/19/24 P. v. Jackson CA3 (unmodified opinion) 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 (Sacramento) ----

THE PEOPLE, C097731

Plaintiff and Respondent, (Super. Ct. No. 98F06838)

People v. Jackson CA3

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THE PEOPLE, C097731

THE PEOPLE, C097731

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LAMON EDWARD JACKSON,

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