P. v. Jackson
A jury convicted appellant, Robbie Dell Jackson, of elder adult abuse (Pen. Code, § 368, subd. (b)(1))[1] (count 1) and attempting to dissuade a victim (§ 136.1, subd. (a)(2)) (count 2). The jury found that Jackson used a deadly weapon within the meaning of section 12022, subdivision (b)(1) in committing count 1.
Jackson admitted having two prior strike convictions. (§§ 667, subd. (b)-(i), 1170.12, subds. (a)-(d)). The trial court sentenced Jackson to an indeterminate term of 25 years to life on count 1 (§§ 667, subds. (b)-(i) & 1170.12, subds. (a)-(d)) plus a consecutive determinate one-year term for the weapon enhancement (§ 12022, subd. (b)(1)). On count 2, the trial court struck Jackson’s prior strike convictions and imposed a consecutive two-year determinate term. In addition, Jackson was ordered to pay $10,000 in restitution (§§ 1202.4, subd. (b)).
Jackson appeals, contending (1) the trial court lessened the prosecution’s burden of proof and violated his Sixth and Fourteenth Amendment rights by instructing the jury on CALCRIM 372 (flight and consciousness of guilt); (2) the prosecutor committed misconduct in his closing argument; (3) the trial court erred in imposing restitution; and (4) defense counsel was ineffective for not objecting to the prosecutor’s misconduct and the amount of restitution. We affirm.
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