People v. Jackson CA2/1

Filed 6/30/15 P. v. Jackson CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B259706

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA126860) v.

EARL LAMONT JACKSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Patrick Connolly, Judge. Affirmed. Vanessa Place, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ——————————

In October 2013, Earl Lamont Jackson was charged with one count of aggravated kidnapping in violation of Penal Code section 209, subdivision (b)(1);1 one count of robbery in violation of section 211; one count of rape in violation of section 261, subdivision (a)(2); and one count of forcible oral copulation in violation of section 288a, subdivision (c)(2)(a). The information also alleged as to all counts two prior serious and/or violent felony convictions pursuant to section 1170.12, subdivision (b), and three prior serious felony convictions pursuant to section 667, subdivision (a)(1). As to the rape count, the information alleged that pursuant to section 667.61, subdivisions (a) and (d), Jackson kidnapped the victim and his movement of the victim substantially increased the risk of harm. Lamont pleaded not guilty and denied the allegations. At trial, the victim testified that after midnight on January 8, 2013, she left her job at a fast-food restaurant and called her boyfriend to let him know she was on her way home. About 10 minutes later, she was stopped at a red light at 112th Street and Central when she heard the front passenger window shatter and saw a strange African-American man jump head first into the car, saying, “‘I’m not going to hurt you. Drive.’” The man demanded her money and asked if she had drugs in her trunk. She drove off slowly, telling him she had no money or drugs. He replied that she was a liar. He told her where to turn and she obeyed, afraid he would kill her if she did not comply. Under defense objection, she testified that the man said, “[I]t’s not about race. It didn’t matter if I was Mexican. If it was a black bitch, he would have did that to her too.” He threw some papers from the cupholder out the window and said, “‘Let’s go rob a bank.’” She told him the banks were closed. She continued to drive until she reached a small parking lot in Nickerson Gardens, where she stopped and he turned off the engine. The parties stipulated that the distance from the intersection to the parking lot was 1.4 miles. The man took her wallet from the glove compartment, opened it and took the change, and read her address out loud from her identification card, memorizing it. He told her to take her pants off and she replied that he said he wouldn’t hurt her. He