People v. Jackson CA2/8

Filed 11/8/21 P. v. Jackson CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B310720

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA063472) v.

MICHAEL JACKSON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Allen J. Webster, Jr., Judge. Affirmed.

Jennifer Peabody, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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This case has a long and complex procedural history, with several appeals and retrials. (People v. Jackson (Sept. 29, 2003, B160746 [nonpub. opn.] (Jackson I); People v. Jackson (Dec. 27, 2005, B177201 [nonpub. opn.], sub. opn. (Jun. 13, 2013, B177201 [nonpub. opn.] (Jackson II); People v. Jackson (Mar. 21, 2016, B259024) [nonpub. opn.] (Jackson III).) Ultimately, defendant was convicted of two counts of robbery (Pen. Code, § 211), and two counts of false imprisonment (§ 236), with firearm and prior conviction enhancements (§§ 12022.53, 667). In defendant’s final appeal from his judgment of conviction, Jackson III, we ordered that defendant’s sentence should consist of a cumulative term of 40 years to life, consisting of 25 years to life for one of the robbery counts, 10 years for the associated firearm enhancement, and five years for the prior conviction enhancement. The sentence for his other robbery count, and associated enhancements, was to run concurrently. The sentences for false imprisonment, and the associated enhancements, were to be stayed pursuant to section 654. (Jackson III, supra, B259024.) The trial court issued a corrected abstract of judgment in May 2016, and remittitur for Jackson III issued on July 20, 2016. On September 7, 2018 and October 10, 2018, the Department of Corrections and Rehabilitation wrote to the trial court, suggesting corrections to defendant’s abstract of judgment, noting that his custody credits had not been properly calculated, and “case enhancements [pursuant to section 667] are attached once to the entire case and not to each individual count.” The trial court issued amended abstracts of judgment on September 17, 2018 and November 15, 2018, in response to the letters, adjusting the custody credits, and ordering all but one of