P. v. . Jackson CA3

Filed 7/18/16 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 Jackson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C080917

Plaintiff and Respondent, (Super. Ct. No. 15F00099)

v.

JARON MALIK JACKSON,

Defendant and Appellant.

This appeal comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). In accordance with People v. Kelly (2006) 40 Cal.4th 106, 110, we provide a summary of defendant’s offenses and the proceedings in the trial court.

An amended complaint filed July 23, 2015, alleged that on or about January 3, 2015, defendant Jaron Malik Jackson recklessly evaded a peace officer (Veh. Code, § 2800.2, subd. (a)—count one); resisted, obstructed, or delayed a peace officer (Pen.

1

Code, § 148, subd. (a)(1)—count two);1 committed hit-and-run with property damage (Veh. Code, § 20002, subd. (a)(1), (2)—count three); and drove without a valid license (Veh. Code, § 12500, subd. (a)—count four). As to count one, the complaint alleged a prior strike. (§§ 667, subds. (b)-(i), 1170.12.)

On September 17, 2015, pursuant to a plea agreement, defendant pleaded no contest to count one and admitted the prior strike, in return for the dismissal of counts two through four with a Harvey2 waiver for purposes of victim restitution and a stipulated sentence of two years eight months in state prison (the low term of one year four months on count one, doubled for the strike).

The parties stipulated to the following factual basis for the plea: “On January 3rd, 2015, in the County of Sacramento, [defendant] was driving a motor vehicle where at some point a police officer saw him make a turn without yielding. [¶] At that point the police officer activated his lights and sirens. [Defendant] responded to the activation of lights and sirens by taking off [at] a high rate of speed, making some quick turns. [¶] [O]n several occasions, [defendant] reached speeds of 65 miles per hour in [a] 25 mile[s]- per-hour zone. He ran through stop signs and drove the car in a reckless manner. [¶] The [statutory] conditions [necessary to commit the crime] were present as the police officer attempted to detain [defendant] with his motor vehicle.”