Case remanded to appellate court
EL CENTRO — A state Supreme Court ruling recently allowed El Centro Councilman Jason Jackson to proceed with an appeal that ultimately seeks permission to have his guilty plea withdrawn in his animal cruelty case.
The high court’s ruling was announced on Monday during a brief hearing on Jackson’s case at the county Superior Court in El Centro.
The Supreme Court’s ruling on Wednesday ordered the Fourth District Court of Appeal to review Jackson’s appeal and also vacate its prior ruling denying his petition to overturn a local court ruling.
Jackson’s appeal seeks a writ of mandate ordering the county Superior Court to reverse a previous ruling denying the certificate of probable cause that is needed to ultimately withdraw Jackson’s guilty plea.
The Supreme Court could have denied Jackson’s petition, effectively ending his legal quest to be given permission to withdraw his July 13, 2017, guilty plea to animal cruelty, said defense attorney Raj Singh.
“It’s a very good outcome for (Jackson),” Singh said. “It’s my understanding that only about 4 to 5 percent of those petitions are granted” by the state Supreme Court.
Previously, the Fourth District Court of Appeal had denied Jackson’s appeal without authoring any decision explaining its rationale, Singh said.
The state Supreme Court’s decision to send the matter back to the appellate court is expected to further prolong the legal proceedings surrounding Jackson’s twoyear-old case. Jackson is due back in the courthouse in El Centro on Nov. 14.
“There’s basically going to be further review in the Fourth Appellate District to determine whether or not a certificate of probable cause will issue and whether Jackson can pursue his appeal,” Singh said.
In the meantime, a stay remains in place for Jackson’s court-ordered 10-day jail sentence, pending the appellate court process.
“That’s going to take some time,” said county Judge Christopher Plourd on Monday.
In February, Plourd had denied Jackson’s motion seeking to challenge the validity of his guilty plea.
At the time, Plourd had determined that not enough probable cause existed to grant Jackson the certificate of probable cause needed to challenge the validity of his guilty plea.
Jackson had previously argued his plea settlement was prompted by ineffective advice from his previous counsel, and therefore he is legally allowed to petition the local court for an opportunity to withdraw his plea.
Monday’s hearing and announcement that Jackson’s case was remanded to the appellate court did not sit well with a few members of the local Animal Justice Advocates group in attendance.
Members of the informal group in recent months have repeatedly attended local court hearings related to criminal cases alleging animal cruelty.
On Monday, Brawley resident Amelia Felician said so much time has passed since Jackson pleaded guilty that she is beginning to doubt whether he will ever be held accountable.
“He should’ve gone to jail by now,” Felician said.
Yet, regardless of how long the court proceedings may take, Felician and her fellow advocates vowed to continue to appear on behalf of the animals who aren’t able to speak out against abuse themselves.
“We are going to be here for every case hearing,” Felician said. “And we’re going to make ourselves visible to the judge and everyone else in here.”
Jackson had previously pleaded guilty to a felony count of animal cruelty that was subsequently reduced to a misdemeanor charge with the court’s approval. As part of his misdemeanor conviction, Jackson was ordered to serve 10 days in jail.
Jackson had formally been charged in June 2016 after a horse in his care was discovered emaciated in February 2016.