P. v. Jackson
In September 2012, a jury found Leon Gerard Jackson guilty of robbery (Pen. Code, § 211).[1] Jackson waived his right to a jury trial on the enhancements and admitted the allegations he had suffered a prior serious felony conviction (§ 667, subd. (a)) and a prior strike conviction (§ 667, subds. (b)-(i)), and had served three prior prison terms (§ 667.5, subd. (b)). In November, the court dismissed the prior prison term allegations and sentenced Jackson to nine years in prison: twice the two-year lower term for robbery and five years for the prior serious felony conviction. The court imposed a $1,000 restitution fine (§ 1202.4, subd. (b)).[2] Jackson appeals, contending a restitution fine above the $240 statutory minimum required a judicial finding he had the ability to pay, and imposition of the fine without that finding violated his Sixth Amendment right to a jury trial. We affirm.
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