People v. Jackson CA2/7

Filed 2/17/15 P. v. Jackson CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B254323

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA127399) v.

CLIFFORD D. JACKSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Ricardo R. Ocampo, Judge. Affirmed. Michele A. Douglass, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Lance E. Winters, Senior Assistant Attorney General, Linda C. Johnson, and Theresa A. Patterson, Deputy Attorneys General, for Plaintiff and Respondent. __________________

Clifford D. Jackson was convicted following a jury trial of attempted premeditated murder, shooting at an occupied vehicle and possession of a firearm by a felon with true findings on related firearm-use enhancements for two of the counts. On appeal Jackson contends his trial counsel was constitutionally ineffective for failing to move for a directed verdict on the felon-in-possession count after the prosecution, informed by defense counsel that Jackson intended to stipulate to the prior felony conviction, omitted from its case-in-chief any evidence Jackson was a convicted felon. (Evidence of Jackson’s prior felony conviction was submitted in the prosecution’s rebuttal case after Jackson testified at trial and denied he was a convicted felon.) We affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. The Information Jackson was charged in a second amended information with attempted 1 premeditated murder (Pen. Code, §§ 187, subd. (a), 664) (count 1), shooting at an occupied motor vehicle (§ 246) (count 2) and possession of a firearm by a felon (§ 29800, 2 subd. (a)(1)) (count 4). It was specially alleged as to counts 1 and 2 that Jackson had personally and intentionally discharged a firearm causing great bodily injury (§ 12022.53, subds. (c), (d)). 2. The Trial According to the evidence at trial Jackson and his estranged wife, Norma Jackson, were in the middle of contentious divorce proceedings. On March 12, 2013 the family court awarded Norma Jackson the couple’s house, prompting Jackson to declare loudly to his attorney in court and in Norma Jackson’s presence, “I don’t need you anymore. If she’s dead, how can she pay me?” The next morning, Jackson pulled his car up next to Norma Jackson’s while she was driving to work, pulled out a gun and fired at her head. Norma Jackson ducked, but was hit seven times; several of the shots penetrated her lower