People v. Jones CA3

Filed 6/16/16 P. v. Jones CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yolo) ----

THE PEOPLE,

Plaintiff and Respondent, C079305

v. (Super. Ct. No. CRF143808)

CHRISTOPHER ALLEN JONES,

Defendant and Appellant.

Sentenced to serve five years in state prison following a jury conviction, defendant, Christopher Allen Jones, contends the trial court abused its discretion in denying his Romero1 motion to strike his prior strike. We affirm. BACKGROUND While investigating the theft of a motorcycle, officers of the Davis Police Department obtained a warrant to search defendant’s garage and apartment. The search uncovered an M-11-9-mm assault weapon, with 4 magazines. Two were high-capacity-

1 People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero).

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30-round magazines (1 empty, 1 with 22 rounds). And 2 were 10-round magazines (1 empty, 1 with 9 rounds). The end of the M-11 barrel was threaded for a silencer or flash suppressor. The officers also found an invoice for 4, 9-mm handgun parts. A jury convicted defendant of possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1));2 possession of an assault weapon (§ 30605, subd. (a)); purchase or receipt of a large-capacity magazine (§ 32310); and possession of ammunition by a person prohibited from owning or possessing a firearm (§ 30305(a)). The court also found defendant had a prior strike and served a prior prison term. The prior strike was for assault with a deadly weapon in 1989, 26 years ago. Eight years ago, that strike had been struck in a prior case when defendant was convicted of, inter alia, unlawfully possessing two sawed-off shotguns. (People v. Jones (2013) 217 Cal.App.4th 735, 738 (Jones).) At sentencing for his current gun possession conviction, defendant moved to strike his prior strike. (§ 1385, subd. (a); Romero, supra, 13 Cal.4th 497.) He argued he fell outside the spirit of the three strikes law. He had moved his family to Davis to build a better life. His children would now suffer from having their father incarcerated. Moreover, his current offense was merely possessory and was brought on by his posttraumatic stress disorder (PTSD). And his prior strike conviction for assault with a deadly weapon occurred 26 years ago, when he was 19, and did not involve him firing the gun. Six witnesses testified in support of defendant’s motion. Several opined defendant’s PTSD caused him to seek the firearms for protection. The witnesses also testified to defendant being a good friend, a good neighbor, and a good father. The court also received three letters in support.