People v. Jackson

Defendant Jimmy Lee Jackson appeals from the judgment entered following a jury trial that resulted in his conviction of attempted residential burglary. (Pen. Code, §§ 664/459.) He contends: “I. The failure to suppress the photographic lineup is ineffective assistance of counsel, as [defendant] was denied due process by the suggestiveness of the photographic lineup. II. The trial court committed prejudicial error when it prohibited trial counsel from arguing the defendant’s demeanor.” Finding no merit to these contentions we affirm defendant’s conviction. (Pt. I, not for publication.)

Additionally, the People appeal from the trial court’s order which struck the charged prior conviction of serious felony (Pen. Code, § 667, subd. (a)) on the ground the prior was constitutionally invalid. The People contend: “The appropriate waivers were obtained in entry of the guilty plea as to the prior conviction.” We agree and remand for trial on the prior. (Pts. II and III, for publication.)

I

Defendant’s Appeal

II

People’s Appeal

Pursuant to Penal Code section 667, subdivision (a), defendant was charged with a prior conviction of robbery. The prior conviction was by guilty…