People v. Jackson
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
HOLMDAHL, J.
The defendant in this case forced his victim to perform . an act of oral copulation on him, then killed her by strangling her and. severing her carotid artery.
An error in jury instructions requires, under existing statutory and case law, that defendant’s conviction of first degree murder be reversed or reduced to second degree murder. That judgment is reversed. 1
Defendant’s judgment of conviction of forcible oral copulation is affirmed, but remanded for resentencing.
Statement of Facts
On January 5, 1982, at about 3:45 p.m., Joan Stewart left her home on Scout Road in the…
2Cases cited28 opinions
- People v. MurtishawCalifornia Supreme Court · 1981
- People v. SmithCalifornia Supreme Court · 1983
- People v. JimenezCalifornia Supreme Court · 1978
- Rose v. Superior CourtCalifornia Supreme Court · 1977
- People v. EdwardsCalifornia Supreme Court · 1985
23 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Tobe v. City of Santa AnaCalifornia Supreme Court · 1995
- People v. Dinh Van Nguyen, California Court of Appeal, 5th District2017
- Tobe v. City of Santa AnaCalifornia Supreme Court · 1995
- People v. HamiltonCalifornia Supreme Court · 1989
- People v. HamiltonCalifornia Supreme Court · 1989
1 more not listed; retrieve them via the Exa API.