People v. Thompson CA6

I. INTRODUCTION

In the early morning hours of June 27, 2015, Marvin Jackson, Jr. was shot and killed by an unknown assailant in downtown San Jose. Jackson had been out on the town with his half-brother, William Maynard, and several friends. Maynard had gotten into an argument with the assailant and his associates within a half hour of the shooting. A jury found defendant Gregory Jermaine Thompson guilty of the offense, convicting him of first degree murder (Pen. Code, § 187, subd. (a))1 and possession of a firearm by a felon (§ 29800, subd. (a)(1)), and finding true the allegation that he personally and intentionally discharged a firearm in the commission of the murder (§ 12022.53, subd. (d)). After a bifurcated court trial, the court found true the allegations that defendant had a prior juvenile strike adjudication (§§ 667, subds. (b)-(i), 1170.12) and had served a

1 All further statutory references are to the Penal Code unless otherwise indicated. prior prison term (§ 667.5, subd. (b)). The court sentenced defendant to 76 years to life, imposed various fines and fees, and ordered victim restitution. Defendant contends that the trial court violated his right to an…