People v. Jackson

Good Law
1992 Cal. App. LEXIS 653·6 Cal. App. 4th 1185·8 Cal. Rptr. 2d 239·92 Daily Journal DAR 6969·92 Cal. Daily Op. Serv. 4481
Court of Appeal of CaliforniaMay 22, 1992D013222California2,230 words

Opinion

Opinion

Wiener, J.

Defendants Goldwire Alichia Jackson and Subodai J. Davis appeal the judgment entered on jury verdicts convicting them of robbery in the first degree. (Pen. Code, § 212.5, subd. (a).) Both argue that the undisputed facts indicate they are guilty, at most, of second degree robbery. Jackson also contends the trial court erred in excluding certain proffered evidence. As we shall explain, we reject their contentions and affirm.

Factual and Procedural Background

In June 1990, Darius Horton and the eventual victim, Jeffrey Johnson, obtained a ride from the Navy base with two of Horton’s friends, defendants Davis and Jackson. The group drove to a house where Davis rented a room. Another man, Jake Jones, was at the apartment when they arrived. The house contained a communal kitchen, a common living room area and three locked bedrooms. Davis was in the process of moving out but had not yet done so.

After drinking and talking for some time, everyone began to leave the house and head back to the car. Davis asked Johnson and Horton to return to the house, and the three men went into Davis’s bedroom. Following a short conversation, Davis struck Johnson on the bridge of the nose with…

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