People v. Jackson CA2/7

Filed 5/10/21 P. v. Jackson CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B307510

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA147671) v.

ANTHONY JACKSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Sean D. Coen, Judge. Affirmed. Aurora Elizabeth Bewicke, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent. ___________

Anthony Jackson appeals from the judgment entered following this court’s remand for resentencing in light of the enactment of Senate Bill No. 136 (Stats. 2019, ch. 590, § 1) (Senate Bill 136), effective January 1, 2020. No arguable issues have been identified by Jackson’s appointed appellate counsel following her review of the record. We also have identified no arguable issues after our own independent review of the record. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Jackson was convicted following a jury trial of carrying a concealed dirk or dagger (Pen. Code, § 21310)1 with true findings by the court in a bifurcated proceeding that he had suffered one prior serious or violent felony conviction within the meaning of the three strikes law (§§ 667, subds. (b)-(i), 1170.12) and had served four prior separate prison terms for felonies (§ 667.5, subd. (b)). Jackson was sentenced to a five-year state prison term: the middle term of two years for carrying a concealed dirk or dagger, doubled under the three strikes law, plus one year for one of the prior prison terms. On appeal Jackson argued this court should strike all four one-year prior prison term enhancements, whether imposed or stayed,2 pursuant to Senate Bill 136, which was signed into law after Jackson was sentenced, and which amended section 667.5,