People v. Jackson CA3

BACKGROUND

In light of the limited nature of defendant’s claims, a detailed recitation of the facts underlying his convictions is unnecessary. Additional background regarding sentencing will be set forth in the discussion as relevant to the contentions on appeal. A jury found defendant guilty of assault with a deadly weapon (§ 245, subd. (b) -- count 2), negligent discharge of a firearm (§ 246.3 -- count 3), two counts of possession of a firearm within 10 years of a domestic violence conviction (§ 29805 -- counts 4 and 11), three counts of second degree robbery (§ 211 -- counts 5, 7, and 8), fraudulent use of another’s identity (§ 530.5, subd. (a) -- count 6), and carrying a concealed firearm in a vehicle (§ 25400, subd. (a)(1) -- count 9). The jury also found true the following special allegations: as to count 2, that defendant personally used a semi-automatic firearm (§ 12022.5, subd. (a)); as to counts 7 and 8, that defendant personally used a firearm

Undesignated statutory references are to the Penal Code.

2 (§ 12022.53, subd. (b)); and as to count 9, that defendant was not the registered owner of the firearm (§ 25400, subd. (c)(6)). The probation report recommended an…