People v. Jones CA2/4

Filed 9/17/25 P. v. Jones CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B337030

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA405854) v.

SHAWN JONES,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Deborah S. Brazil, Judge. Affirmed with instructions. Michele A. Douglass, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Steven D. Matthews, Gary A. Lieberman, Deputy Attorneys General, for Plaintiff and Respondent.

MEMORANDUM OPINION1 Following the robbery of a recycling center in November 2012, Shawn Jones was charged with robbery (§ 211, count 1), criminal threats (§ 422, subd. (a), count 2), and felon in possession of a firearm (§ 29800, subd. (a)(1), count 3). Gang enhancement allegations were asserted as to counts 1 and 2 (§ 186.22, subd. (b)(1)(C)), and a firearm use allegation was asserted as to count 1 (§ 12022.53, subd. (b)). Also alleged were several priors. A jury convicted Jones as charged and found true allegations of four prior felony convictions for which Jones served prison terms. One of the priors was a strike conviction. Jones was sentenced to a total of 42 years, four months in prison. This court affirmed the judgment. (People v. Jones (Mar. 2, 2016, No. B258757) [nonpub. opn].) On December 11, 2023, Jones filed a petition for recall and resentencing under section 1172.75. The trial court granted the petition and resentenced Jones to a total term of 27 years, eight months. The court gave Jones 4,702 days of presentence custody credit, consisting of 4,089 actual days and 613 days of conduct credit. Jones contends, and the People concede, that the court’s conduct credit calculation was erroneous. Under the reasoning articulated in People v. Buckhalter (2001) 26 Cal.4th 20, at a