People v. Jackson

Filed 3/28/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

A164679

v. MAURICE A. JACKSON, (Contra Costa County Super. Ct. No. 59007014) Defendant and Appellant.

Defendant and Appellant Maurice Jackson appeals from the denial of his resentencing petition, claiming that under the current law of murder he could not be convicted of the three murders for which he was tried and convicted in 1991 and thus is entitled to be resentenced under Penal Code section 1172.6. 1 As to two of the murders (of victims Castaneda and Treas), the trial court held the record of conviction established as a matter of law that Jackson was not entitled to resentencing and denied the petition at the prima facie stage without issuing an order to show cause or conducting a hearing. As to the third murder (of victim Blackmon), the court issued an order to show cause and accepted further briefing but, because neither the People nor Jackson offered new or additional evidence, declined to hold a hearing and denied the petition on the briefs. Based primarily on the trial…