People v. Jones CA2/1

Filed 10/20/25 P. v. Jones CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B343068

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA072443) v.

MARCELL JONES,

Defendant and Appellant.

Appeal from an order of the Superior Court of Los Angeles County, Teresa P. Magno, Judge. Affirmed. Jennifer Peabody, Executive Director, and Keilana Truong, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

______________________________

Defendant Marcell Jones appeals from an order denying his request for resentencing under Penal Code section 1172.1.1 We appointed counsel for Jones, who filed a brief identifying no issues on appeal and requesting that we follow the procedures outlined in People v. Delgadillo (2022) 14 Cal.5th 216. (See People v. Rosemond (2025) 108 Cal.App.5th 667, 673 [Delgadillo applies to the denial of a request for resentencing under section 1172.1].) Jones filed a supplemental brief in which he argues the court should have held a hearing before denying his request. Because the order Jones seeks to challenge is not appealable, we dismiss the appeal.

FACTUAL SUMMARY AND PROCEDURAL HISTORY2 In January 2005, a jury convicted Jones of willful, deliberate, and premeditated attempted murder (§§ 187, subd. (a), 664). The jury further found that Jones personally discharged a firearm during the offense, inflicting great bodily injury (§ 12022.53, subd. (d)), and that he committed the crime for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(A)). The court sentenced Jones to life in prison with the possibility of parole, plus 25 years. On September 20, 2024, Jones filed a request for recall of sentence and resentencing pursuant to Assembly Bill No. 600 (2023-2024 Reg. Sess.) and section 1172.1. Jones alleged he was eligible for resentencing because of legislative changes to sections 186.22, 1109, 1170, 1170.1, and 1385 made after he was