People v. Jackson CA3

BACKGROUND

In November 1992, an amended information charged defendant with attempted murder of Joseph G. (§§ 664/187, subd. (a); count one), assault of Joseph G. (§ 245, subd. (a)(2); count two), and along with an accomplice, Lorenzo Demont Smothers, murder of Carlos M. (§ 187, subd. (a); count three), burglary of a mini-mart (§ 459; count four), and attempted robbery of the mini-mart (§§ 664/211; count five), as well as alleging firearm enhancements against defendant (§ 12022.5, subd. (a)) and Smothers (§ 12022, subd. (a)).2 At trial on these charges, the jury was instructed on felony murder and the natural and probable consequences doctrine. On the second day of jury deliberations, Smothers changed his plea and the jury continued deliberations as to defendant only. The jury found defendant guilty of counts three, four and five. The jury further found that the murder charged in count three to be first degree murder and the firearm enhancements to be true. The jury deadlocked on counts one and two and the trial court declared a mistrial on those counts. The trial court sentenced defendant to 25 years to life, plus a determinate term of five years for the firearm enhancement…