People v. Jones CA5

California Court of Appeal Apr 1, 2016 No. F069703Unpublished

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Holding. The court held that the defendant's plea was not entered knowingly and voluntarily because it was induced by an illusory promise that the conviction would not qualify as a strike under the three strikes law.

Issues

Did the defendant enter his plea knowingly and voluntarily?
Was the defendant denied effective assistance of counsel?
Is the defendant's claim regarding the plea agreement ripe for review?

Disposition. reversed and remanded

Quotations verified verbatim against the opinion

“We find merit to Jones’s first contention and reverse.”

“Thus, we agree with Jones that he did not enter his plea knowingly and voluntarily, because the provision in his plea agreement that he would plead to assault as a non-strike offense was illusory.”

“The judgment is reversed and the cause is remanded to the trial court to allow Jones an opportunity to move to withdraw his plea.”

Filed 4/1/16 P. v. Jones CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F069703 Plaintiff and Respondent, (Super. Ct. No. 1426684) v.

MICAH LITTLEJOHN JONES, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Stanislaus County. Marie Sovey Silveira, Judge. Shannon Chase, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Kathleen A. McKenna and William K. Kim, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Kane, Acting P.J., Franson, J. and Smith, J.

Appellant Micah Littlejohn Jones pled no contest to assault by means of force likely to produce great bodily injury. (Pen. Code, § 245, subd. (a)(4).)1 On appeal he contends: (1) he did not enter his plea knowingly or voluntarily; and (2) he was denied the effective assistance of counsel in entering his plea. We find merit to Jones’s first contention and reverse. FACTS On December 11, 2010, while a patient at the Doctors Behavioral Health Center in Stanislaus County, Jones physically assaulted his roommate. On December 14, 2010, the district attorney filed a complaint charging Jones, under the name of Aaron Steven Jones, with battery with serious bodily injury (§ 243, subd. (d)). On February 22, 2011, the court found Jones incompetent to stand trial (§ 1368), and suspended criminal proceedings. On June 23, 2014, after the court reinstated criminal proceedings, Jones pled no contest to assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4)). During the plea proceedings, the court stated:

“[Y]ou’re prepared today to enter a plea to a violation of [section] 245[, subd.] (a)(4) of the Penal Code, which is assault by means of force likely to cause great bodily injury. It is a non-strike offense. The sentence would be three years in state prison concurrent to any other term, and since this crime happened in 2010, it would appear that you’re [sic] time served. You would be released on a period of parole under this case as well.” (Italics added.) While explaining the consequences of his plea to Jones, the court asked him if he understood that “[u]nder the terms of [his] plea bargain, the crime [was] being reduced to a non-strike offense.” (Italics added.) Jones acknowledged that he did.

People v. Jones CA5

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