People v. Jones CA5

Filed 6/16/16 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F070389 Plaintiff and Respondent, (Super. Ct. Nos. BF139250A & v. BF153532A)

GARRY LYNN JONES, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Charles R. Brehmer, Michael B. Lewis, H.A. Staley†, Michael G. Bush, Thomas S. Clarke, and Colette M. Humphrey, Judges.‡

* Before Detjen, Acting P.J., Franson, J. and Peña, J. † Retired Judge of the Kern Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. ‡ In case number BF139250A Judge Brehmer presided in the change of plea hearing and Judge Lewis imposed sentence. In case number BF153532A Judge Staley presided in the preliminary hearing, Judge Bush ruled on the motion to set aside the information, Judge Clarke presided in the change of plea hearing, and Judge Humphrey imposed sentence.

Carol Foster, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo- Garry Lynn Jones was charged with various crimes in two separate cases filed by the Kern County District Attorney’s office. He entered into a plea agreement in both cases. He now appeals the judgment entered in these cases. Appellate counsel filed a brief asserting she did not identify any arguable issues in either case. We reach the same conclusion after thoroughly reviewing the record, and therefore affirm the judgment. FACTUAL AND PROCEDURAL SUMMARY Case Number BF139250A On November 8, 2011, the Kern County District Attorney filed a complaint charging Jones with (1) possession of cocaine base for sale (Health & Saf. Code, § 11351.5), (2) possession of cocaine while armed with a firearm (Health & Saf. Code, § 11370.1, subd. (a)), (3) possession of a firearm by a felon (Pen. Code, former § 12021, subd. (a)(1), now § 29800, subd. (a)(1)),1 and (4) possession of ammunition by a felon (former § 12316, subd. (b)(1), now § 30305, subd. (a)(1)). Count 1 alleged that a principal was armed with a firearm within the meaning of section 12022, subdivision (a)(1), and Jones had previously been convicted of violating Health and Safety Code section 11351.5 within the meaning of Health and Safety Code section 11370.2, subdivision (a). On February 23, 2012, Jones entered into a plea agreement wherein he pled guilty to the possession of cocaine base for sale count for a sentence of five years in county jail. In exchange the prosecutor dismissed the remaining counts and allegations. Jones