People v. Jones CA2/7

California Court of Appeal Mar 15, 2016 No. B260282Unpublished

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Holding. The court held that a trial court may examine the record of conviction to determine if a defendant is ineligible for resentencing under the Three Strikes Reform Act due to an intent to cause great bodily injury, even if that intent was not pled or proven at the original trial.

Issues

Whether a trial court may determine a defendant's eligibility for resentencing under the Three Strikes Reform Act by making factual findings regarding intent to cause great bodily injury not found by the original jury.
Whether disqualifying factors under section 1170.126 must be pled and proved to the jury.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“There is no requirement that the disqualifying factors in section 1170.126, subdivision (e) be pled and proved; rather it is the court that makes the determination.”

“A trial court “determining whether an inmate is eligible for resentencing under section 1170.126 may examine [all] relevant, reliable, admissible portions of the record of conviction to determine the existence of a disqualifying factor.””

Filed 3/15/16 P. v. Jones CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B260282

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA130389) v.

SAMUEL JAMES JONES,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, William C. Ryan, Judge. Affirmed. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Noah P. Hill and Jessica C. Owen, Deputy Attorneys General, for Plaintiff and Respondent. __________________________

Samuel James Jones, serving a third strike indeterminate life sentence of 27 years to life for committing assault by means of force likely to produce great bodily injury 1 (former Pen. Code, § 245, subd. (a)(1)), petitioned pursuant to section 1170.126, part of the Three Strikes Reform Act of 2012 (Proposition 36), for recall of his sentence and resentencing as a second strike offender. The superior court denied the petition, finding Jones ineligible for resentencing because his sentence had been imposed for an offense during which he intended to cause great bodily injury to another person. (§§ 1170.126, subd. (e)(2), 1170.12, subd. (c)(2)(C)(iii); 667, subd. (e)(2)(C)(ii).) We affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. Jones’s Assault Conviction and Sentence In a nonpublished opinion affirming Jones’s conviction, this court summarized the facts presented in support of the People’s case: “On January 10, 1996, about 10:00 p.m., Officers Rheault and Garrido responded to an apartment from which they heard a lot of yelling and screaming; when Officer Rheault heard [Jones] say, ‘I am going to kill you, motherfucker,’ he looked through the picture window and saw [Jones] standing behind Hurdie Marshall with his arm around her neck in a choke-hold; the officers demanded

People v. Jones CA2/7

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B260282

SAMUEL JAMES JONES,

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