People v. Jones CA5

Filed 2/11/25 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F087726 Plaintiff and Respondent, (Super. Ct. No. BF187720A) v.

GARRY LYNN JONES, OPINION Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Kern County. David Wolf, Judge. Matthew A. Lopas, 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 Peña, Acting P. J., Smith, J. and Fain, J.† † Judge of the Fresno Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

INTRODUCTION Appellant and defendant Garry Lynn Jones (appellant) pleaded no contest to assault with a firearm with an enhancement for personal use of a firearm, and admitted he had a prior strike conviction. He was sentenced to the indicated second strike term of eight years. In 2024, appellant filed a request for recall and resentencing pursuant to Assembly Bill No. 600 (2023–2024 Reg. Sess.) (Assembly Bill 600) and Penal Code1 section 1172.1, and asserted he should be resentenced because there was no evidence he had the prior conviction, and he could not be sentenced for both count 2 and the personal use enhancement. The trial court found appellant’s request lacked merit and denied his petition with prejudice. On appeal, appellate counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436; People v. Delgadillo (2022) 14 Cal.5th 216.) Appellant did not file a letter brief. After review of the record, we affirm the order. PROCEDURAL BACKGROUND On December 9, 2021, an information was filed in the Superior Court of Kern County in case No. BF187720A charging appellant with committing the following offenses on or about October 16, 2021: count 1, attempted murder of Chantelia Johnson (§§ 664/187, subd. (a)); counts 2 and 4, assault with a firearm on Johnson (§ 245, subd. (a)(2)); count 3, grossly negligent discharge of a firearm (§ 246.3, subd. (a)); count 5, felon in possession of firearm (§ 29800, subd. (a)(1)); and count 6, felon in possession of ammunition (§ 30305, subd. (a)).