People v. Jackson

Good Law
128 Cal. App. 4th 1326·27 Cal. Rptr. 3d 793
Court of Appeal of CaliforniaMay 3, 2005F043820California1,834 words

Opinion

Opinion

Wiseman, J.

Harvey Lee Jackson, Jr. (defendant), was convicted of burglary, robbery, and receiving stolen property in connection with an incident in which he was discovered inside the house of a neighbor and acquaintance. He argues that the court erred in excluding evidence relating to drug use by the victim and refusing to give a related jury instruction; that the burglary and robbery convictions were not supported by sufficient evidence; that juror misconduct entitled him to a new trial; that the court failed to give a required jury instruction regarding circumstantial evidence; and that his prison sentence and fines violated the Sixth Amendment as interpreted in Blakely v. Washington (2004) 542 U.S. 296 [ 159 L.Ed.2d 403 , 124 S.Ct. 2531 ]. He attacks the fines on other grounds as well.

In the published part of this opinion, we reject defendant’s argument that there was insufficient evidence of robbery because the victim did not know any property had been stolen until after defendant fled from the scene of the crime. In the unpublished part, we reject defendant’s remaining arguments. We affirm the judgment.

The parties have pointed out several clerical errors in the abstract of…

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