People v. Jones CA2/3

California Court of Appeal Nov 22, 2021 No. B312503Unpublished

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Holding. The court held that while the trial court erred by failing to appoint counsel for the defendant's section 1170.95 petition, the error was harmless because the defendant was the actual killer and thus ineligible for relief as a matter of law.

Issues

Did the trial court err in summarily denying the defendant's section 1170.95 petition without appointing counsel?
Is the defendant ineligible for resentencing relief as a matter of law because he was the actual killer?

Disposition. affirmed

Quotations verified verbatim against the opinion

“the trial court erred by failing to afford Jones the assistance of counsel before denying the petition.”

“We further conclude the error was harmless, as there is no reasonable probability that had Jones been afforded the assistance of counsel, he would have made a prima facie showing of eligibility for relief.”

“Because Jones was convicted as the actual killer, he is ineligible for relief under section 1170.95 as a matter of law.”

Filed 11/22/21 P. v. Jones CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT DIVISION THREE

THE PEOPLE, B312503

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA081513 v.

JOHNNY JONES,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Larry P. Fidler, Judge. Affirmed. Thomas T. Ono, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION

A jury found Johnny Jones guilty of first degree murder with special circumstances. Jones was sentenced to an indeterminate term of life without the possibility of parole. A different panel of this court affirmed the judgment in 1996. (People v. Johnny Jones IV (Dec. 11, 1996, B090399) [nonpub. opn.] (Jones I).) In this appeal, Jones challenges the trial court’s 2021 order denying his petition for resentencing under Penal Code1 section 1170.95. We affirm.

BACKGROUND2

Emigdio Garcia was a street vendor. He sold pork skins, sodas, peanuts, fruit, and toys from a handcart he pushed on the streets. Garcia carried a knife that he used in his business, to cut string and fruit. The knife had a handle that made it look like a gun. At about 11:00 a.m. on Monday, March 23, 1993, Garcia was walking down Central, near 108th, heading towards a hamburger stand. Garcia stopped for a red light then crossed the street. Garcia noticed a group of people, including a woman and two men, standing across from the hamburger stand. One of the men was Jones. Garcia heard the woman’s voice say something like, “Go to stealing.” As Garcia continued to push his cart down the street, he heard someone walk up behind him. He turned and saw Jones, who said, “Hey, hey, hold on.” Garcia stopped. Jones

People v. Jones CA2/3

AI Brief

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT DIVISION THREE

THE PEOPLE, B312503

JOHNNY JONES,

INTRODUCTION

BACKGROUND2

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DISCUSSION

DISPOSITION

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

EDMON, P. J.

AI Brief