People v. Jones

Filed 3/17/26 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B337778 (Super. Ct. Nos. 23F-07385) Plaintiff and Respondent, (San Luis Obispo County)

v.

FRELAND BRIAN JONES,

Defendant and Appellant.

A defendant confined in jail in county one, cannot willfully fail to appear, as ordered, in county two. Such a defendant does not “fail” to appear. He cannot appear. He should not suffer a penalty for not appearing. Freland Brian Jones appeals a judgment following his no contest plea to corporal injury to a spouse/cohabitant, (Pen. Code, 1 273.5 subd. (f)(1), a felony. Pursuant to a plea agreement and People v. Cruz (1988) 44 Cal.3d 1247 (Cruz), the trial court agreed to impose a sentence of probation provided inter alia that appellant would appear at a future sentencing hearing. If he did

1 All statutory references are to the Penal Code unless

otherwise stated.

1

not appear for sentencing it would sentence him to four years in prison. Appellant did not appear at his sentencing hearing because he was in jail on another case in another county. The trial court found appellant violated his Cruz waiver obligations by willfully failing to attend the sentencing hearing. It imposed a four-year prison sentence. As indicated, he did not willfully fail to appear. In addition, the prosecutor did not present sufficient evidence to show appellant willfully failed to appear for sentencing. FACTS AND PROCEDURAL HISTORY On December 5, 2023, appellant entered a no contest plea to count 1 corporal injury to a spouse/cohabitant, and to count 2 violating a court order. The trial court accepted a negotiated plea with a proposed sentence of felony probation. The judge advised appellant that if he did not return for sentencing or “committed a new law violation while you’re out pending sentencing, you could be sentenced to up to four years in state prison.” 2 Appellant did not appear for the January 16, 2024 sentencing hearing. The trial court indicated it would issue a warrant. Appellant’s defense counsel told the court appellant was in custody in Fresno. “[T]his is not a willful failure to appear.” The court responded, “So I will issue and hold the warrant.” On May 7, 2024, the court held a hearing on the alleged violation. The prosecutor did not present any witnesses. She claimed appellant violated his Cruz waiver by not attending the sentencing hearing because he pled guilty to an offense pursuant to section 166, subdivision (c)(1) in Fresno County. “[T]he offense