P. v.
Filed 1/23/13 P. v. Jackson CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff
and Respondent,
v.
JEFFREY FITZGERALD JACKSON,
Defendant
and Appellant.
E056236
(Super.Ct.Nos. FSB1104670,
FVA1101493)
OPINION
APPEAL
from the Superior Court
of
Bernardino County.
Michael M. Dest, Judge. Affirmed.
Patricia
Ihara, under appointment by the Court of Appeal, for Defendant and Apellant.
No
appearance for Plaintiff and Respondent.
Defendant
Jeffrey Fitzgerald Jackson is serving a five-year prison term after pleading
guilty in two separate cases to second-degree
robbery and assault on a police officer.
On
September 19, 2011,
defendant took a $100 bill from on top of a cash register at a gas
station. After a confrontation and
struggle with the clerk, defendant ran out of the store. The clerk followed defendant outside to get
his license plate number. Defendant
punched the clerk in the head before driving away.
On
September 22, 2011, the
People filed a complaint alleging defendant committed
666, subd. (a))
title="">[1] and second degree commercial burglary (§
459). The People alleged that defendant
had five prison term prior felonies (§ 667.5, subd. (b)). On October
3, 2011, the People amended the complaint to allege robbery (§
211). Also on October 3, 2011, defendant pled guilty to second
degree robbery in exchange for probation and was released on his own
recognizance pending sentencing. The
parties agreed that defendant would serve 180 days on weekends, but that he
could spend five years in prison if he violated probation.
On
December 8, 2011, the trial
court made a finding under Rules of Court, rule 4.413, subdivision (c)(2)(B),
that the crime was committed because of a mental condition not amounting to a
defense. The trial court defendant
granted probation and 180 days jail time.
The court withheld pronouncement of judgment for three years.
On
October 10, 2011, police
attempted to conduct a traffic stop on defendant’s vehicle. After initially stopping, defendant
re-started his vehicle and drove it at the officer. After the ensuing high-speed car chase,
defendant got out of his vehicle and pulled a six-inch pocket knife from his
pants before attempting to jump over a wall.
He was arrested while trying to do so.
On
October 11, 2011, the People
filed a complaint alleging defendant assaulted a police officer (§ 245, subd.
(c)), evaded a police officer (§ 2800.2, subd. (a)) and committed assault with
a deadly weapon (a knife) (§ 245, subd. (a)(1)). The People also alleged that defendant had
eight prison term prior felonies (§ 667.5, subd. (b)).
Combined Probation Revocation Hearing (FVA1101493)
and Sentencing (FSB1104670)
On March 20, 2012, defendant admitted to
violating the terms of his probation in the robbery case. The trial court imposed the stipulated upper
term of five years in prison. In the
assault case, defendant pled guilty to assault on a police officer as a strike
offense. The court imposed the stipulated
sentence of four years, to run concurrently with the five-year sentence in the
robbery case.
This appeal
followed.
Discussion
Defendant appealed
and, upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority
of People
v. Wende (1979) 25 Cal.3d 436 and Anders
v. California (1967) 386 U.S. 738, setting forth a statement of the case, a
summary of the facts, and potential arguable issues and requests this court to
conduct an independent review of the record.
We offered
defendant an opportunity to file a personal
supplemental brief, but he has not done so.
Pursuant to the mandate of People
v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record
for potential error and find no arguable issues.
Disposition
The judgment is
affirmed.
NOT TO BE
PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J.
We concur:
RICHLI
J.
KING
J.
name="_ftn1" title=""> [1] All further statutory references are to the
Penal Code unless otherwise indicated.
