People v. Jah CA1/1

Filed 3/15/24 P. v. Jah CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A166034

v. (Marin County DAVID MARTIN SHE JAH, Super. Ct. No. SC206320A) Defendant and Appellant.

Defendant David Martin She Jah appeals from the trial court’s order suspending sentence and placing him on two years of supervised probation following his guilty plea to assault by means of force likely to produce great bodily injury (Pen Code,1 § 245, subd. (a)(4)). Jah’s appointed appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), identifying no issues and requesting that this court review the record and determine whether any arguable issue exists on appeal. Jah subsequently filed supplemental briefing on his own behalf. Having reviewed the record and briefing, we affirm.

All statutory references are to the Penal Code unless otherwise 1

indicated.

FACTUAL AND PROCEDURAL BACKGROUND On December 10, 2019, the Marin County District Attorney filed an information alleging that, on or about September 26, 2018, Jah committed felony assault with a firearm (§ 245, subd. (a)(2); count 1); felony discharge of a firearm with gross negligence (§ 246.3; count 2); and felony carrying a concealed firearm when not the registered owner (§ 25400, subds. (a)(2) & (c)(6); count 3). Counts 1 and 2 were enhanced with allegations that Jah inflicted great bodily injury within the meaning of section 12022.7, subdivision (a). The charges were based on the following incident.2 Around 10:30 p.m. on September 25, 2018, several Marin County deputy sheriffs responded to a report of shots fired in a parking lot near the 300 Drake Ave. area of Marin City. During their investigation, a witness reported that a Black male wearing a red hat, white shirt, and dark pants had fired a firearm with an extended magazine in the parking lot. The witness heard two sets of firing— a few rounds first, then about six more. The shooter then went to a black 1996 Lincoln, retrieved a bag, and left the area. At an infield showup, the witness was “100 percent sure” Jah was the shooter. The witness also observed another Black male in a blue hooded sweater fire rounds. Deputies also learned that Henry W. had been taken to a local hospital with multiple gunshot wounds. When interviewed, Henry W. reported that he had been hanging out in the parking lot when he heard gunshots, saw other people start running, and ran to his sister’s nearby apartment, where he noticed he was bleeding.