People v. Jackson CA3

BACKGROUND

In 1999, a jury found Jackson guilty of attempted murder (§§ 664, 187, subd. (a)), assault with a firearm (§ 245, subd. (a)(2)), and discharging a firearm at a motor vehicle (§ 246). The jury found true that: (1) the attempted murder was willful, deliberate, and premeditated; (2) Jackson personally used a firearm as to the assault with a firearm and discharging a firearm at a motor vehicle (§ 12022.5, subd. (a)); and (3) Jackson personally used and personally and intentionally discharged a firearm as to the attempted murder (§ 12022.53, subds. (b)-(c)). The trial court instructed the jury that “Defendant is accused . . . of having committed the crime of attempted murder . . . . [¶] . . . [¶] In order to prove attempted murder, each of the following elements must be proved; [¶] 1. A direct but ineffectual act was done by one person towards killing another human being; and [¶] 2. The person committing the act harbored express malice aforethought, namely, a specific intent to kill unlawfully another human being.” The court also told the jury that “[t]here has been evidence in this case indicating that a person other than defendant was or may have been involved in the…