People v. Jackson CA5

INTRODUCTION

Defendant DeShawn Lee Jackson was convicted by jury of one count of unauthorized possession of a controlled substance while in prison. (Pen. Code, § 4573.6, subd. (a).)1 In a bifurcated proceeding, the trial court found defendant had suffered a prior conviction for second degree murder with the use of a firearm (§§ 187, subd. (a), 12022.5, subd. (a)), a strike within the meaning of the Three Strikes law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)). The court denied defendant’s motion pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero) to dismiss the prior strike offense. On July 26, 2019, defendant was sentenced to the middle term of three years (§ 4573.6, subd. (a)), which was doubled to six years pursuant to the Three Strikes law (§§ 667, subd. (e)(1), 1170.12, subd. (c)(1)). The court also imposed a $300 restitution fine under section 1202.4, subdivision (b), a $40 court operations assessment under section 1465.8, subdivision (a)(1), and a $30 court facilities assessment under Government Code section 70373, subdivision (a)(1). In imposing the restitution fine and court assessments in July 2019, the court acknowledged People v. Dueñas…