People v. Jones CA3

Filed 1/30/25 P. v. Jones CA3 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C095063

Plaintiff and Respondent, (Super. Ct. No. 21FE009236)

v. OPINION ON TRANSFER CORDELL RICHARD JONES,

Defendant and Appellant.

A jury found defendant Cordell Richard Jones guilty of infliction of corporal injury upon a spouse. The trial court then found Jones had suffered three prior violent or serious felony convictions and sentenced Jones to the upper term of five years, doubled for a prior strike. On appeal, Jones originally challenged his sentence on several grounds. We requested the parties brief the possible application of Senate Bill No. 567 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 731) (Senate Bill 567). In his supplemental brief, Jones argued the trial court’s sentence also violated the statutory changes made by Senate Bill

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567. In an unpublished opinion, we held any potential sentencing errors were harmless and affirmed. The California Supreme Court subsequently granted review and transferred the matter back to us with directions to vacate our opinion and reconsider the cause in light of People v. Lynch (2024) 16 Cal.5th 730 (Lynch) and Erlinger v. United States (2024) 602 U.S. 821 (Erlinger). By separate order, we vacated our decision. We now reverse and remand the matter for resentencing. FACTUAL AND PROCEDURAL BACKGROUND At Jones’ jury trial, his wife testified that on May 27, 2021, Jones jumped on top of her and forcefully put his hand around her throat. She moved out of the house, but a few days later Jones followed her in his car, prompting her to call 911 and tell the operator Jones was chasing her and he “is violent and he’s already abused me once.” Evidence of Jones’ abuse of a prior partner was also introduced at trial. The jury found Jones guilty of the sole charge of infliction of corporal injury upon a spouse resulting in a traumatic condition (Pen. Code, § 273.5, subd. (a)).1 At the October 12, 2021, sentencing hearing, the court stated: “[C]onsideration of giving you something less than the upper term was given focus. Eight years is a significant period of time in prison, and I was mindful of the progress you appeared to have made . . . . [¶] . . . [¶] . . . The reality is that you have been a repeat, chronic and consistent violent offender over and over and over again. [¶] . . . [Y]ou have continued to commit [domestic violence] despite efforts by the criminal justice system to dissuade you, both on probationary terms and supervised county prison commitments and releases.” The court also noted that Jones had been released early on his previous case, but has shown he is “somebody who functions well in an institutional setting and very,