People v. Jackson CA2/3

BACKGROUND

In 2005, three men in a car drove by a small group of people talking outside a house.4 The car’s front passenger fired multiple shots at the group, killing one man and injuring two women. Two of the car’s passengers, whom a witness identified as Jackson and Michael Antonio Mitchell, got out of the car and ran away. The witness saw a gun in Jackson’s waistband. Forensic evidence suggested that at least two guns were fired. An information was filed charging Jackson with first degree murder (§ 187, subd. (a)) and two counts of attempted premeditated murder (§§ 664, 187, subd. (a)). The information also alleged principal gun use enhancements (§ 12022.53, subds. (b), (c), (d) & (e)(1)) and gang enhancements (§ 186.22, subd. (b)(1)(A)). A jury found Jackson guilty as charged.5 In May 2006, the trial court sentenced Jackson to 50 years to life for the murder and to life plus 25 years to life for one of the attempted murder counts. In 2007, a different panel of this Division affirmed Jackson’s judgment of conviction on direct appeal. (People v. Jackson, supra, B191397.) Thereafter, our Legislature passed Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill 1437). In short,…