People v. Jackson CA2/4

California Court of Appeal Nov 24, 2020 No. B301431Unpublished

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Holding. The court held that appellants forfeited their claim by failing to request that the trial court strike their firearm enhancements during resentencing, and that the trial court is presumed to have been aware of its sentencing discretion.

Issues

Whether appellants forfeited their claim by failing to request the trial court strike firearm enhancements during resentencing.
Whether the trial court's failure to strike firearm enhancements during a full resentencing requires a remand when the record is silent regarding the court's awareness of its discretion.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“We find appellants forfeited their argument by failing to object at the resentencing.”

“Moreover, the trial court is presumed to know the law, and appellants have failed the show the court was unaware of its sentencing discretion.”

“If the record is silent, however, the defendant has failed to sustain his burden of proving error, and we affirm.”

Filed 11/24/20 P. v. Jackson CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B301431

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA068581) v.

AMOS JACKSON et al.,

Defendants and Appellants.

APPEAL from a judgment of the Superior Court of Los Angeles County, Michael V. Jesic, Judge. Affirmed. Russell S. Babcock, under appointment by the Court of Appeal, for Defendant and Appellant Amos Jackson. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant Charles Spencer. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey,

Senior Assistant Apttorney General, Zee Rodriguez and Wyatt E. Bloomfield, Deputy Attorneys General, for Plaintiff and Respondent.

_____________________________________

INTRODUCTION In 2013, a jury convicted appellants Amos Jackson and Charles Spencer of six counts of robbery, one count of grossly negligent discharge of a firearm, and one count of being a felon in possession of a firearm. The court sentenced each appellant to a total of 245 years to life, including six 10-year sentence enhancements for using a firearm during the commission of the crimes. In September 2019, pursuant to our direction in People v. Jackson (Dec. 14, 2016, B259915) 2016 Cal.App.Unpub. LEXIS 8996 (Jackson I), the trial court resentenced appellants on the count for grossly negligent discharge of a firearm. During the resentencing there was no discussion whether to strike the firearm enhancements previously imposed.1 The only issue in this appeal is whether we should again remand, this time to permit the

People v. Jackson CA2/4

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B301431

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DISCUSSION

MANELLA, P. J.

COLLINS, J.

CURREY, J.

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