People v. Jackson CA2/8

Filed 10/6/21 P. v. Jackson CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B310163

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA104857) v.

JOHNNY EARL JACKSON, JR.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Judith L. Meyer, Judge. Affirmed. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Noah P. Hill, Supervising Deputy Attorney General, and Kathy S. Pomerantz, Deputy Attorney General, for Plaintiff and Respondent. ____________________

Johnny Earl Jackson, Jr. asks us to remand for resentencing because he says the sentencing court misunderstood its discretion to strike his strike. We affirm because the record shows the court understood the sentencing options and exercised its discretion appropriately. Undesignated statutory citations are to the Penal Code. I We have seen Jackson’s case before. We outline the procedural history. In 2016, Jackson grabbed a necklace from a skateboarder’s neck. An information charged Jackson with one count of second degree robbery. (§ 212.5, subd. (c).) It also alleged Jackson served four prior prison terms (§ 667.5, subd. (b)), which included a burglary conviction (§ 459) that qualified as a prior serious felony (§ 667, subd. (a)(1)) and as a strike (§§ 667, subds. (b)–(j), 1170.12). A jury found Jackson guilty of second degree robbery. He admitted the prior conviction allegations. (People v. Jackson (May 7, 2018, B280386) [nonpub. opn.].) The trial court sentenced Jackson to 10 years: the low term of two years, doubled because of the prior strike, plus five years for the prior serious felony, plus one year for one prior prison term. On direct appeal in 2018, we remanded Jackson’s case for resentencing because the trial court had not advised him of his right to a trial on the prior conviction allegations. (People v. Jackson, supra, B280386.) Then Jackson had a bench trial on these allegations and the court found the allegations true. (People v. Jackson (June 8, 2020, B293680) [nonpub. opn.].) In September 2018, the trial court sentenced Jackson to the same 10-year sentence.