People v. Fearence CA2/5

Filed 7/18/25 P. v. Fearence CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B339828

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA060375) v.

JAQUES OMAR FEARENCE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Debra A. Cole, Judge. Affirmed. California Appellate Project and Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

In July 2004, a jury convicted defendant Jaques Omar Fearence of the first degree murder of Kiejuan Clay (count 1; Pen. Code, § 187, subd. (a))1 and possession of cocaine for sale (count 2; Health & Saf. Code, § 11351.5). The trial court instructed the jury that in order to find the defendant guilty of first degree murder, it must find that “the killing was preceded and accompanied by a clear, deliberate intent on the part of the defendant to kill . . . .” The court did not instruct the jury on felony murder, the natural and probable consequences doctrine, or aiding and abetting generally. The jury found true the allegations that defendant personally and intentionally discharged a firearm inflicting great bodily injury or death (§ 12022.53, subd. (d)), defendant personally and intentionally discharged a firearm (id., subd. (c)), and defendant personally used a firearm (id., subd. (b)). In returning its verdict, the jury specifically found that defendant, “while engaged in the commission of the crime, personally and intentionally discharged a firearm, a handgun, which proximately caused great bodily injury or death to KIEJUAN CLAY.” The trial court sentenced defendant to a term of 51 years 4 months to life. We affirmed the conviction. (People v. Fearance [sic] (Oct. 26, 2005, B178108) [nonpub. opn.].) On April 19, 2023, the trial court ruled on defendant’s petition for writ of habeas corpus by resentencing defendant to a new sentence of 50 years to life for count 1, and 2 years for count 2, which the court stayed pursuant to section 654.