People v. Jones CA5

Filed 7/25/24 P. v. Jones CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

THE PEOPLE, F087628 Plaintiff and Respondent, (Super. Ct. No. F23908888) v.

STEPHON RYAN JONES, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Adolfo M. Corona, Judge. Kristine Koo, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P. J., Snauffer, J. and DeSantos, J.

STATEMENT OF APPEALABILITY This is an appeal from a final judgment following a no contest plea, authorized by Penal Code section 1237, subdivision (a)1 and rule 8.204(a)(2)(B) of the California Rules of Court. Jones requested a certificate of probable cause, but stated no grounds, and it appears the trial court did not rule on his request. STATEMENT OF THE CASE On November 9, 2023, the Fresno County District Attorney filed a complaint charging Jones with domestic violence with injury (§ 273.5, subd. (a); count 1) and grand theft of dog (§ 487e; count 2). The complaint further alleged that Jones had suffered a prior strike under section 667, subdivisions (b)-(i) and section 1170.12, subdivisions (a)- (d), to wit: a violation of section 261, subdivision (a)(3) for which he was convicted on April 14, 2000, in Fresno County. Lastly, the complaint alleged that Jones was ineligible to be sentenced to county jail under section 1170, subdivisions (f) and (h). On January 3, 2024, the trial court dismissed the alleged strike prior pursuant to the People’s motion, and Jones pleaded no contest to both counts. On February 1, 2024, the court sentenced him to three years formal probation, credit for time served, ordered participation in a 52-week batterer’s treatment program, and the completion of 40 hours community service. Among other terms and conditions, the trial court also ordered no contact with the victim or her family. Jones was credited with 47 actual days of presentence credit and 46 days of good time/work time, for a total of 93 days in Fresno County jail. On February 20, 2024, Jones filed a timely notice of appeal.