P. v. Phaysaleum
Filed 5/11/06 P. v. Phaysaleum CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(San Joaquin)
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THE PEOPLE, Plaintiff and Respondent, v. JACKSON PHAYSALEUM, Defendant and Appellant. | C050214 (Super. Ct. No. SF091507A) |
A jury found defendant Jackson Phaysaleum guilty of second degree murder (count 1) and voluntary manslaughter (count 2) for shooting two men after a verbal argument about drug turf. With respect to count 1, the jury found defendant had both personally used a firearm and personally discharged a firearm, causing great bodily injury. With respect to count 2, the jury found defendant had personally used a firearm.
The evidence at trial showed that one victim was shot while he was walking away and had his hands at his side, and the other victim was shot while he started running away after hearing gunshots and attempting to render aid to the first victim.
The court sentenced defendant to an aggregate term of 46 years to life in state prison, calculated as follows: a term of 15 years to life for count 1 to run concurrently with a term of 25 years to life for discharging a firearm, causing great bodily injury, and the upper term of 11 years for count 2 to run consecutively with the upper term of 10 years for using a firearm.
The court selected the upper term for count 2 and attached enhancement because â€
