People v. Jackson CA1/4
Opinion
Opinion
I. BACKGROUND
A. Procedural History In 2011, Jackson pled no contest to voluntary manslaughter (§ 192), and he admitted that he personally used a firearm during the commission of the offense (§ 12022.5, subd. (a)), that the offense was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)), and that he had a prior felony conviction for which he had received a term of imprisonment (§ 667.5, subd. (b)). In another case, Jackson pled no contest to unlawfully possessing ammunition (former § 12316, subd. (b)(1)2). The trial court sentenced Jackson to a total of 32 years in prison. The sentence consisted of the upper term of 11 years for voluntary manslaughter, the upper term of 10 years for the firearm enhancement, 10 years for the gang enhancement, and one year for the prior prison term enhancement. The court further sentenced Jackson to eight months for the unlawful possession of ammunition. B. Resentencing In 2023, Jackson filed a memorandum seeking to be resentenced under section 1172.75. Specifically, he asked the trial court to strike the firearm enhancement and gang enhancement in the interests of justice. In the alternative, he asked the court…