P. v. Jackson CA4/1
In 2001, a jury convicted defendant Keith Wallace Jackson of five counts of robbery (former Pen. Code, § 211) and found true he personally used a firearm in the commission, or attempted commission, of each charged offense (former § 12022.53, subd. (b)). The court sentenced Jackson to 32 years and 4 months in prison.
On November 21, 2019, the Secretary of the California Department of Corrections and Rehabilitation (CDCR) sent a letter to the trial court, recommending that Jackson’s sentence be recalled and he be resentenced under former section 1170, subdivision (d). In support, CDCR relied on the changes to section 12022.53, subdivision (h), which became effective January 1, 2018 and which gave the court discretion to strike or dismiss, in furtherance of justice, a personal use firearm enhancement. (§ 1385.) Also copied on the November 21 CDCR letter was the District Attorney’s and Public Defender’s Offices, but not Jackson.
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