P. v. Jackson
Defendants Demoria Randolph Jackson and Devin Caress Murphy appeal from the judgments entered following their convictions by jury of first degree murder and attempted willful, deliberate, and premeditated murder, with findings that each defendant and a principal personally discharged a firearm which proximately caused great bodily injury or death to the victims and that the murder was committed for the benefit of, at the direction of, or in association with a criminal street gang.[1] (Pen. Code, §§ 187, subd. (a), 664, 187, subd. (a), 12022.53, subds. (b), (c), (d) & (e)(1), 186.22, subd. (b)(1)(C).)[2] After a court trial, each defendant was found to have suffered a prior serious felony conviction within the meaning of sections 667, subdivisions (b)-(i), 1170.12, subdivisions (a)-(d) (collectively, the “Three Strikes†law), and 667, subdivision (a). Each defendant was sentenced to 119 years to life.
Defendants contend their speedy trial rights were violated, heavy police presence in the courtroom denied them a fair trial, and they are entitled to additional presentence custody credits. Jackson also alleges the prosecutor’s excessive use of his gang moniker and the admission of Murphy’s out-of-court statements denied him a fair trial, the trial court’s failure to admit exculpatory hearsay statements denied him a right to present a defense, and cumulative error warrants a new trial. Murphy urges that if the judgments are affirmed, liability under the court’s direct restitution order must be made joint and several.[3]
We will direct the superior court to amend each defendant’s abstract of judgment and, as modified, affirm.
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