People v. Jones CA2/6

Filed 12/15/21 P. v. Jones CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B306128 (Super. Ct. No. NA036778) Plaintiff and Respondent, (Los Angeles County)

v.

CHANGA JONES,

Defendant and Appellant.

Changa Jones appeals the denial of his petition for resentencing under Penal Code section 1170.126, the Three Strikes Reform Act.1 We affirm. FACTS Danny Mosley, a Montebello automobile detailer, hired Jones. It was a bad employment decision. On the same morning he hired Jones, Jones left the business with a car without permission.

All statutory references are to the Penal Code unless 1

otherwise stated.

Mosley found Jones driving the car in Long Beach. He told Jones nothing would happen if he returned the car. Jones replied that he was going home and drove away. Mosley called the police who took up the chase. In an attempt to elude the police, Jones drove at speeds in excess of 70 miles per hour. He hit a police van, but drove on. Later he failed to negotiate a left turn, jumped the curb, and hit a building. He proceeded down a crowded sidewalk at speeds nearing 50 miles per hour. He nearly struck a number of pedestrians before killing Ricard Nolbert. The chase ended when Jones hit a parked van, setting off the car’s airbags. Jones abandoned the car and fled on foot before he was arrested. Conviction and Sentence A jury found Jones guilty of evading the police causing death (Veh. Code, § 2800.3), a serious felony; driving or taking a vehicle without consent (id., § 10851, subd. (a)); and hit and run causing death (id., § 20001, subd. (a)). The trial court found that Jones had suffered two prior strikes (residential burglary) within the meaning of the “Three Strikes” law (§§ 667, subd. (e), 1170.12, subd. (c)), and that he had suffered a prior prison term (§ 667.5, subd. (b)). The trial court sentenced Jones to 25 years to life for evading the police causing death, a consecutive 25 years to life for taking or driving a vehicle without consent, plus one year for the prior prison term for a total of 51 years to life. The court stayed the hit-and-run count under section 654. Section 1170.126 Petition Jones filed a petition for resentencing pursuant to section 1170.126 on the taking or driving without consent count. The