People v. Jacobs CA2/2

Filed 11/3/22 P. v. Jacobs CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B313736

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA066775- v. 01)

LIONEL TEMERO JACOBS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Laura L. Laesecke, Judge. Affirmed.

Winston Kevin McKesson for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant

Attorney General, Michael R. Johnsen and Yun K. Lee, Deputy Attorneys General, for Plaintiff and Respondent.

****** Lionel Jacobs (defendant) appeals the trial court’s summary denial of his motion for relief under Penal Code1 section 1172.6 (former section 1170.95).2 Because defendant was necessarily convicted of attempted premeditated murder as either the actual killer or a direct aider and abettor, he is ineligible for this relief as a matter of law and the court acted properly in summarily denying his motion. We accordingly affirm. FACTS AND PROCEDURAL BACKGROUND I. Facts3 A. The underlying crime In July 2005, defendant was a member of the Insane Crips street gang. One night that month, defendant and a fellow gang member walked on the sidewalk past Edward Smith (Smith) and his friend, who were leaning against a car waiting for Smith’s girlfriend to park her car. The sidewalk was on a street that both the Insane Crips and one of its rival gangs claimed as their territory. When Smith saw defendant act suspiciously and took