People v. Jackson CA3

BACKGROUND

In June 1998, defendant and three friends planned to go on an outing together. When the friends arrived at defendant’s home to pick him up, one friend got out of the car and defendant confronted him about a conversation the friend had had with defendant’s mother in which the friend had described defendant as a “bitch.” During the argument, defendant’s sister approached the vehicle and pointed a gun at the two friends who remained in the car. When the friend defendant had confronted started to walk away, defendant took the gun from his sister, pointed it at him, and fired one shot. Defendant missed his friend, but hit the vehicle. Defendant was convicted of attempted murder (Pen. Code, §§ 664/187),2 assault with a firearm (§ 245, subd. (a)(2)), and discharging a firearm at an occupied motor vehicle (§ 246). Several firearm enhancements were also found true, including personal use of a firearm (§§ 12022.5, subd. (a), 12022.53, subd. (b)), and intentional and personal discharge of a firearm (§ 12022.53, subd. (c)). In June 1999, the trial court sentenced defendant to life in prison with the possibility of parole for the attempted-murder offense, plus a consecutive 20…