People v. Jackson CA2/7

Filed 12/16/13 P. v. Jackson CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B244482

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA382407) v.

ANTHONY DELON JACKSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Stephen A. Marcus, Judge. Affirmed. Donna L. Jones, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Scott A. Taryle and Stacy S. Schwartz, Deputy Attorneys General, for Plaintiff and Respondent.

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Anthony Deleon Jackson appeals from the judgment, challenging his 12-year state prison sentence imposed pursuant to the three strikes law. Jackson’s prior strike enhancement was from a 2004 conviction based on a plea of no contest. Jackson contends the trial court erred in denying his motion for specific performance of his earlier plea agreement and in sentencing him under the three strikes law. We affirm.

PROCEDURAL BACKGROUND Jackson was charged in an information with committing murder (Pen. Code, § 187, subd. (a))1 in June 2003, with special allegations he had personally used a firearm (§ 12022.53, subds. (d), (e)(1)) and had committed the offense for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)) (L.A.S.C. case no. BA256155). Represented by appointed counsel William Monterroso, Jackson entered a negotiated plea of no contest on July 20, 2004 to acting as an accessory to a gang-related murder (§§ 32, 186.22, subd. (b)(1)). As agreed, Jackson received an aggregate state prison sentence of six years, consisting of three years for acting as an accessory and three years for the gang enhancement. The murder count and firearm-use allegations were dismissed “contingent upon the continuing validity of the plea.” The record of the plea proceedings was silent as to the characterization of the conviction as a strike or non-strike. In the face of this silence, when the court asked Jackson, “Has anyone made any threats to you or promised you anything other than what I have stated in open court in order to get you to accept this plea?” Jackson replied, “No, sir.” After Jackson stole an elderly man’s necklace in 2011, he was charged in a second amended information with second degree robbery (§ 211) with a special allegation the victim was 65 years of age or older (§ 667.9, subd. (a)). The information also specially alleged Jackson had suffered one prior serious or violent felony conviction for acting as an accessory to a gang-related murder within the meaning of section 667, subdivision (a)(1) and the three strikes law (§§ 667, subds. (b)-(i); 1170.12, subds. (a)-(d)) and had