People v. Jackson CA4/1

Filed 9/28/20 P. v. Jackson CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D076497

Plaintiff and Respondent,

v. (Super. Ct. No. SCD218179)

JEOVANI JACKSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Runston G. Maino, Judge. Affirmed and remanded with directions.

Gary V. Crooks, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland and Heather B. Arambarri, Deputy Attorneys General, for Plaintiff and Respondent. Defendant Jeovani Jackson pled guilty in 2009 and was sentenced to a term of 20 years. In 2019 his sentence was returned to the court for review

pursuant to Penal Code1 section 1170, subdivision (d). The court reduced defendant’s sentence to 18 years. Defendant contends this sentence is incorrect, the court abused its discretion in failing to strike a firearm enhancement and in failing to adequately consider defendant’s age and mental health status when resentencing him. We affirm the judgment, as we explain. I. BACKGROUND Factual Background Defendant has stipulated that the preliminary hearing transcript provides the factual basis for his plea. The transcript is not part of the record on appeal. For purposes of this appeal, it is sufficient to note that on January 12, 2009, defendant committed an assault with a firearm on victim J.R. Defendant also personally used a gun, inflicted great bodily injury on J.R., and committed the crime for the benefit of a street gang. Procedural Background On May 8, 2009, an information was filed in the Superior Court for San Diego County. In count 1, it was alleged defendant committed attempted, willful, deliberate and premeditated murder in violation of sections 664, 187, subdivision (a), and 189, along with allegations of personally discharging a gun, causing great bodily injury (§ 12022.53, subd. (d)), personal use of a firearm (§ 12022.5, subd. (a)), personal infliction of great bodily injury (§ 12022.7, subd. (a)), and commission of a felony offense for the benefit of a street gang (§ 186.22, subd. (b)(1)). As to count 2, it was alleged defendant committed an assault with a firearm, in violation of section 245, subdivision (a)(2), with allegations of personal use of a firearm in