People v. Jackson CA4/1

BACKGROUND AND PROCEDURAL FACTS

On July 2, 1991, gun store owner Gary Gottlieb was shot and killed at

his gun shop during a robbery in which the suspects took handguns. 2 The following month, on August 5, 1991, police officers encountered Jackson driving a Datsun that matched the description of the one from the robbery and pulled over his vehicle in a “hot stop,” i.e., with weapons drawn. Police

Section references are to the Penal Code.

The facts of the underlying crime are taken from our unpublished opinion in Jackson I, supra, D020259. 2 arrested Jackson after secretly recording a conversation between Jackson and his companion in which the two mentioned a gun and drugs were located in the Datsun, evidence which police subsequently located during a search. The handgun matched one taken during the robbery the previous month. Jackson’s prints also matched some found on a display case in the gun shop. Jackson filed a motion to suppress, which the court denied, and Jackson then pled guilty to second degree murder (§ 187, subd. (a)). Jackson stipulated to the use of the transcript of the preliminary hearing as the basis for the plea. The court sentenced him to 15 years…