People v. Jackson CA3

Filed 3/4/22 P. v. Jackson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE,

Plaintiff and Respondent, C092273

v. (Super. Ct. No. 98F06838)

LAMON EDWARD JACKSON,

Defendant and Appellant.

At the age of 23, defendant Lamon Edward Jackson attempted to shoot his friend during an argument outside defendant’s house. After serving two decades of a life sentence for attempted murder with the personal use of a firearm, defendant filed a motion in the trial court for a Franklin1 proceeding in order to gather evidence for use in a subsequent youth offender parole hearing regarding youth-related factors at the time of the offense. The trial court denied the motion, finding that (1) due to the passage of time, a Franklin proceeding was unlikely to produce fruitful evidence, (2) defendant had an opportunity at a parole hearing in 2019 to present youth-related evidence to the Board of Parole Hearings (parole board), and (3) defendant would have another opportunity at his next scheduled parole hearing in 2024.

1 People v. Franklin (2016) 63 Cal.4th 261 (Franklin).

1

Defendant now contends the trial court abused its discretion in denying his Franklin motion. Finding no abuse of discretion, we will affirm the trial court’s order. BACKGROUND In June 1998, defendant and three friends planned to go on an outing together. When the friends arrived at defendant’s home to pick him up, one friend got out of the car and defendant confronted him about a conversation the friend had had with defendant’s mother in which the friend had described defendant as a “bitch.” During the argument, defendant’s sister approached the vehicle and pointed a gun at the two friends who remained in the car. When the friend defendant had confronted started to walk away, defendant took the gun from his sister, pointed it at him, and fired one shot. Defendant missed his friend, but hit the vehicle. Defendant was convicted of attempted murder (Pen. Code, §§ 664/187),2 assault with a firearm (§ 245, subd. (a)(2)), and discharging a firearm at an occupied motor vehicle (§ 246). Several firearm enhancements were also found true, including personal use of a firearm (§§ 12022.5, subd. (a), 12022.53, subd. (b)), and intentional and personal discharge of a firearm (§ 12022.53, subd. (c)). In June 1999, the trial court sentenced defendant to life in prison with the possibility of parole for the attempted-murder offense, plus a consecutive 20 years for the intentional and personal discharge of a firearm enhancement, and a concurrent five years for the discharging a firearm at an occupied motor vehicle offense. The trial court imposed but stayed sentence on the other convictions and enhancements under section 654. Over 20 years later, in March 2020, defendant filed a motion in the trial court requesting a Franklin proceeding. Defendant’s motion asserted that he was a youthful