People v. Jackson CA3

Filed 6/29/23 P. v. Jackson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C096694 & C096714

Plaintiff and Respondent, (Super. Ct. Nos. 21FE015340, 21FE014576) v.

JAMES JACKSON,

Defendant and Appellant.

In two separate jury trials, defendant James Jackson was found guilty of simple assault and possession of heroin in county jail. At a joint sentencing hearing, the trial court sentenced defendant to a total of four years in prison. Defendant appealed the judgments in both cases. His appointed counsel filed an opening brief raising no legal issues and asking this court to independently review the records pursuant to People v. Wende (1979) 25 Cal.3d 436. Having done so, we find no arguable issues that would result in a disposition more favorable to defendant. We consolidated the cases for disposition and affirm the judgments.

1

BACKGROUND A. The Assault In March 2021, defendant’s girlfriend E. asked the boyfriend of her friend for help with E.’s car. The boyfriend agreed. Because E.’s car could not start, she spent the night at the home of the boyfriend, which the boyfriend shared with his girlfriend (E.’s friend) and others. The next morning, when the boyfriend was working on the car, defendant came to the boyfriend’s driveway screaming and cussing at E. The boyfriend tried to calm defendant down, but defendant slapped the boyfriend’s face with a pistol and spit on his cheek. Defendant then pointed the gun at the boyfriend and E.’s friend. E.’s friend scolded defendant, and defendant left. The boyfriend then called the police. The People charged defendant with assault with a deadly weapon (count one), assault with a firearm (count two), and possession of a firearm as a convicted felon (count three). The People further alleged that defendant personally used a firearm in committing count two and that defendant had two prior serious felony convictions and multiple aggravating circumstances of the offenses (Cal. Rules of Court, rule 4.421(a)(1), (2) & (b)(1)-(3), (5)). A jury acquitted defendant of all three counts but found him guilty of the lesser included offense of simple assault as to count one and count two. The jury found not true the allegations that defendant personally used a firearm during the commission of the assault in count two and that defendant’s offenses involved great violence, great bodily harm, threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness, or callousness. B. The Possession of Heroin in County Jail In September 2021, after defendant was booked into the Sacramento County jail, a sergeant found heroin in defendant’s intake cell. The People charged defendant with possession of heroin in jail and alleged two prior serious felony convictions. The People