People v. Jones CA2/1

Filed 12/30/24 P. v. Jones CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B336014

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA103180) v.

WILBERT JONES,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Joseph J. Burghardt, Judge. Dismissed. William J. Capriola, under appointment by the Court of Appeal, for Defendant and Appellant. No Appearance for Plaintiff and Respondent.

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Defendant Wilbert Jones appeals from orders denying his request to withdraw his no contest plea to three rape-related charges and to an alleged miscalculation of his custody credits. His appellate counsel filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216, identifying no issues on appeal. We dismiss Jones’s appeal as we lack jurisdiction over it. PROCEDURAL BACKGROUND The People charged Jones with forcible oral copulation involving victim T.J. (Pen. Code,1 § 287, subd. (c)(2)(A); count 1), sexual penetration of T.J. by use of force (§ 289, subd. (a)(1)(A); count 2), and sexual penetration of M.J. by use of force (§ 289, subd. (a)(1)(A); count 3). As to each of these counts, the information alleged that Jones committed an offense within the meaning of section 667.61, subdivisions (b) and (c), against more than one victim (§ 667.61, subd. (e)(4)). The information also alleged that Jones had suffered a prior strike conviction in 1991 for voluntary manslaughter (§§ 192, subd. (a), 667, subds. (b)-(j), 1170.12). On July 28, 2022, pursuant to a negotiated agreement, Jones pleaded no contest to all three counts and admitted certain circumstances in aggravation pursuant to California Rules of Court, rule 4.421, namely: the crime involved great bodily injury; the victim was particularly vulnerable; there were multiple victims; and Jones took advantage of a position of trust. On August 9, 2022, the court sentenced Jones to 16 years imprisonment and awarded him credit for 803 days in custody,