People v. Jackson CA3

BACKGROUND

In 2022, a jury found Jackson guilty of first degree murder (§ 187, subd. (a)) and found true that he personally used a deadly weapon (§ 12022, subd. (b)(1)). The trial court sentenced Jackson to an aggregate term of 26 years to life. In 2024, Jackson petitioned for resentencing pursuant to section 1172.6, claiming that he could not presently be convicted of murder due to legislative changes to murder liability that went into effect in 2019. The trial court denied his petition at the prima facie stage for two reasons. First, the court explained, Jackson was convicted of first degree murder in 2022 after the legislative changes to murder liability had already taken effect. Therefore, the jury had not been instructed on either the natural and probable consequences doctrine or a felony-murder theory, and Jackson could still be convicted of murder today. Second, the evidence at trial established that Jackson was the actual killer. Jackson timely appealed in May 2024. His opening brief was filed in December 2024, and his case became fully briefed on December 23, 2024.

DISCUSSION

Appellate counsel asks this court to conduct an independent review of the record to determine…