People v. Jackson CA3

California Court of Appeal Nov 6, 2024 No. C098051Unpublished

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Holding. The court held that Penal Code section 654 prohibits separate punishment for assault with intent to commit rape and assault with a deadly weapon when the latter facilitated the former, necessitating a remand for resentencing. However, the court affirmed the trial court's finding that the defendant harbored a separate intent and objective for the battery count, which was committed out of anger rather than to facilitate the sexual offense.

Issues

Whether Penal Code section 654 prohibits separate punishment for assault with intent to commit rape and assault with a deadly weapon.
Whether substantial evidence supports the trial court's finding of a separate intent and objective for the battery count.

Disposition. remanded

Quotations verified verbatim against the opinion

“Because we agree that section 654 requires reversal of defendant’s sentence and remand for a full resentencing hearing, we need not address defendant’s remaining arguments”

“We agree with the parties that the assault with the knife facilitated defendant’s assault with intent to rape L.H., and thus, section 654 prohibits his punishment for both counts 6 and 7.”

“substantial evidence supports the trial court’s implied finding of a different intent and objective: to injure L.H. out of anger and not to facilitate his assault with intent to rape her.”

Filed 11/6/24 P. v. Jackson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yolo) ----

THE PEOPLE, C098051

Plaintiff and Respondent, (Super. Ct. No. CR20210619)

DOMINIQUE MARKEYA JACKSON,

Defendant and Appellant.

Defendant appeals a judgment entered after a jury determined he committed assaults, sex crimes, and batteries with multiple enhancements and aggravating factors against two victims resulting in a determinate sentence of 35 years four months, plus an indeterminate term of seven years to life. Defendant complains the trial court inappropriately aggravated the sentence on one of his enhancements, should have stayed more counts according to Penal Code section 654, and exceeded its jurisdiction in

ordering him to participate in sex offender treatment while in prison.1 The People concur that one additional count should have been stayed by the trial court. Because we agree that section 654 requires reversal of defendant’s sentence and remand for a full resentencing hearing, we need not address defendant’s remaining arguments, which may be raised on remand if needed. We will otherwise affirm the judgment. I. BACKGROUND A. The Charges The People’s first amended consolidated information charged defendant with crimes against three victims. As to R.G., the information alleged assault to commit a specified sex offense (here, rape, oral copulation, or sexual penetration) (§ 220, subd. (a)—count 1). As to Y.R., the information alleged oral copulation by force or violence (§ 287, subd. (c)(2)(A)—count 2); rape by force or threat (§ 261, subd. (a)(2)—count 3); and assault by means of force likely to cause great bodily injury (§ 245, subd. (a)(4)— count 4). As to L.H., the information alleged attempted rape by force or violence (§§ 664, 261, subd. (a)(2)—count 5) with a deadly weapon enhancement, a knife (§ 12022.3, subd. (a)) and a great bodily injury enhancement (§ 12022.8); assault with intent to commit a specified sex offense (here, rape) during the course of a first degree burglary (§ 220, subd. (b)—count 6) with a deadly weapon enhancement, a knife (§ 12022.3, subd. (a)), and a great bodily injury enhancement (§ 12022.8); assault with a deadly weapon, a knife (§ 245, subd. (a)(1)—count 7), with a great bodily injury enhancement (§ 12022.7, subd. (a)); battery with serious bodily injury (§ 243, subd. (d)— count 8) with a deadly weapon enhancement, a knife (§ 12022, subd. (b)(1)); sexual battery (§ 243.4, subd. (a)—count 9) with a deadly weapon enhancement, a knife (§ 12022, subd. (b)(1)) and a great bodily injury enhancement (§ 12022.7, subd. (a)); and

People v. Jackson CA3

AI Brief

THE PEOPLE, C098051

DOMINIQUE MARKEYA JACKSON,

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