People v. Jackson

Charles E. Jackson appeals his convictions by a jury of fourteen counts of armed robbery (Pen. Code, §§ 211, 12022.5, 1203.06, subd. (a)(1)(iii) ); three counts of forcible rape (§ 261, subd. (2)), two counts involving the use of a firearm (§ 12022.3); one count of armed assault with intent to commit rape (§§ 220, 12022.5); one count of attempted rape with use of a firearm (§§ 664/261, 12022.5); one count of attempted sexual intercourse with a minor (§ 664/261.5) and three counts of forcible oral copulation with the use of a firearm (§§ 288a, subd. (c), 12022.5). Jackson was found not guilty of one count of armed robbery (§§211, 12022.5, 1203.06, subd. (a)(1)(iii)) and one count of attempted forcible rape (§ 664/261, subd. (2)). The offenses involved 14 victims on 10 separate occasions over a 10-month period (Jan. to Oct.) in 1982.

On appeal, Jackson contends the court erred by (1) failing to grant a severance motion as to the counts involving three of the victims; (2) improperly instructing the jury on cross-racial identification; (3) refusing to admit expert testimony on eyewitness identification; (4) failing to suppress statements allegedly obtained in violation of…