People v. Jones CA2/1

Filed 9/30/15 P. v. Jones CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B262871

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA096275) v.

RALPH JONES,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. James D. Otto, Judge. Affirmed. Katja Grosch, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ________________________________

An information filed on August 16, 2013, charged appellant Ralph Jones with second degree robbery in violation of Penal Code section 2111, second degree commercial burglary in violation of section 459, and possession of a controlled substance in violation of Health and Safety Code section 11377, subdivision (a). The information alleged that Jones had suffered prior convictions for 10 serious or violent felonies. On October 3, 2013, Jones pleaded guilty to commercial burglary and possession of a controlled substance, and the court dismissed the robbery charge and sentenced Jones to 7 years 4 months in prison. On December 29, 2014, Jones petitioned the court for resentencing pursuant to section 1170.18, which codifies part of Proposition 47, “the Safe Neighborhoods and Schools Act.” (Prop. 47, § 14, as approved by voters, Gen. Elec. (Nov. 4, 2014), effective Nov. 5, 2014.) After a hearing conducted on February 17, 2015, the trial court denied Jones’s petition, finding that he was ineligible for relief under Proposition 47 because he had previously been convicted of a so-called “super strike” offense,2 namely a Texas conviction for attempted murder. Jones filed a timely notice of appeal. We appointed counsel to represent Jones in the matter. After examining the record, counsel filed a Wende brief raising no issues on appeal and requesting that we independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) On July 8, 2015, we sent a letter to Jones and to counsel. In the letter, we directed counsel to immediately send the record on this appeal and a copy of the Wende brief to Jones and informed Jones that he had 30 days to submit by letter or brief any ground of appeal, contention or argument he wished us to consider. Jones filed a brief on July 29, 2015.