P. v. Jackson
Defendant Shawn Jackson timely appealed his conviction on count one and count three of willful, deliberate, and premeditated attempted murder, in violation of Penal Code section[1] 664/187, subdivision (a) and count five of shooting at an inhabited dwelling, in violation of Penal Code section 246. As to each count, the jury found true the special allegations that the defendant personally and intentionally discharged a firearm and the offense was committed for the benefit of, at the direction of, and in association with a criminal street gang. As to count one, the court imposed a term of 15 years to life plus 20 years pursuant to section 12022.53, subdivision (c). As to count three, the court imposed a term of 15 years to life plus 20 years pursuant to section 12022.53, subdivision (c). The court set the sentence on count three to run consecutively to count one. Finally, as to count five the court imposed a term of 15 years to life, set to run concurrently with counts one and three. Defendant contends that there was insufficient evidence to support the gang allegations, specifically the primary activities element of a criminal street gang. Court affirm.
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