People v. Jacobs CA4/1

I.

INTRODUCTION

A jury convicted defendant Josue Jonathan Jacobs of one count of active participation in a gang (count 2) and one count of assault with force likely to cause great bodily injury (count 3) in connection with an assault that Jacobs and another prison inmate committed in a prison yard. The jury also found true a gang enhancement allegation with respect to count 3. In his original briefing on appeal, Jacobs raises two contentions. Jacobs first contends that the trial court abused its discretion in discharging Juror No. 6 during jury deliberations. Jacobs next contends that Senate Bill No. 1393 applies retroactively to his nonfinal judgment and requires that his sentence be vacated and that the case be remanded to permit the trial court to exercise its recently granted discretion to strike or dismiss prior serious felony conviction enhancements. After briefing was complete, Jacobs sought, and was granted, leave to file a supplemental brief. Jacobs raises three additional arguments in his supplemental briefing based on other recent legislative amendments. 1 Jacobs’s additional arguments are that (1) amendments to Penal Code2 section 186.22 apply retroactively to his…