P. v. Jackson
Defendant Drexel Quincy Jackson appeals from his conviction of willfully discharging a firearm in a grossly negligent manner that could result in death or injury (Pen. Code, 246.3) and associated enhancements. He contends: (1) the trial court erred in instructing the jury with CALJIC No. 2.92 that the jury should consider the witnesss level of confidence in his or her identification as a factor in assessing the accuracy of the identification; (2) during closing argument, the prosecutor impermissibly lowered the burden of proof and shifted the burden to defendant; (3) the trial court erred in excluding evidence that the police had shot defendants dog; and (4) there was insufficient evidence that defendants prior conviction was a strike offense. Court conclude the evidence was insufficient to establish that defendants prior conviction was a strike. Court find no other prejudicial errors.
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