People v. Jackson CA2/1

BACKGROUND

An information filed May 11, 2011 charged Jackson with two counts of sale of cocaine base in violation of Health and Safety Code section 11352, subdivision (a) (counts 1 and 2) and one count of possession of cocaine base for sale in violation of Health and Safety Code section 11351.5 (count 3), all on March 22, 2011. The information also alleged that Jackson had a prior strike under Penal Code sections 667, subdivisions (b) through (i) and 1170.12, subdivisions (a) through (d), and had two prior prison terms under Penal Code section 667.5, subdivision (b). Jackson pleaded not guilty and denied the special allegations. After trial, a jury acquitted Jackson on count 1 and convicted him on the remaining two counts. In a bifurcated proceeding, Jackson admitted his prior strike and prior prison terms as alleged. The trial court denied probation and sentenced Jackson to eight years in state prison, consisting of the midterm of four years on count 2, doubled to eight years under the “Three Strikes” law, and imposed the midterm of four years on count 3, which the court stayed under Penal Code section 654. Jackson was ordered to pay fines and received presentence custody…