People v. Jacobson CA1/1

Filed 9/20/24 P. v. Jacobson CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

A164149

Plaintiff and Respondent, v. (Contra Costa County NICHOLAS WADE JACOBSON, Super. Ct. No. XX-XXXXXXX-7) Defendant and Appellant.

On a night in June 2017, Nicholas Wade Jacobson fatally shot Robert Frazier, for which a jury convicted him of first degree murder and possessing a firearm as a felon, while finding true an allegation that he personally discharged a firearm causing death. (Pen. Code, §§ 187, subd. (a), 29800, subd. (a)(1), 12022.53, subd. (d).)1 After the verdict—and represented by new counsel—Jacobson moved for a new trial. He argued that the prosecutor committed prosecutorial error by eliciting false evidence in violation of Napue v. Illinois…