People v. Jackson CA2/2

Filed 3/10/26 P. v. Jackson CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B338399

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA071928) v.

ARVEL JACKSON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Alan K. Schneider, Judge. Affirmed with directions.

James Koester, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Wyatt E. Bloomfield and Chelsea Zaragoza, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant and appellant Arvel Jackson (defendant) appeals from an order issued after a resentencing hearing held pursuant to Penal Code1 section 1172.75. On appeal, defendant claims the abstract of judgment incorrectly reflects an unauthorized $10 crime prevention fine imposed pursuant to section 1202.5. Respondent agrees. We affirm with directions.

BACKGROUND2 In 2013, defendant was convicted of battery causing serious bodily injury (§ 243, subd. (d); count 1), being a felon in possession of a firearm (§ 29800, subd. (a)(1); count 3), and assault with a firearm (§ 245, subd. (a)(2); count 5). As to counts 1 and 5, the jury found true the allegations that defendant had personally used a firearm (§ 12022.5, subd. (a)) and inflicted great bodily injury under circumstances involving domestic violence (§ 12022.7, subd. (e)). In bifurcated proceedings, the court found defendant had previously been convicted of a serious felony (§ 667, subd. (a)) and one prior strike (§§ 667, subds. (b)-(j), 1170.12) and had served eight prior prison terms (§ 667.5, subd. (b)). The court sentenced defendant to an aggregate term of 29 years four months, which included the imposition and stay of eight section 667.5, subdivision (b) prison prior enhancements. The court also imposed a $10 crime prevention fine pursuant to section 1202.5. The judgment was affirmed on direct appeal. (People v. Jackson (Apr. 30, 2015, B253194) [nonpub. opn.].)