People v. Jones CA2/7

Filed 2/15/22 P. v. Jones CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B308831

Plaintiff and (Los Angeles County Respondent, Super. Ct. No. YA024887)

v.

ANTONIO DEJUAN JONES,

Defendant and Appellant.

APPEAL from a postjudgment order of the Superior Court of Los Angeles County, Hector M. Guzman, Judge. Affirmed. G. Martin Velez, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior

Assistant Attorney General, Idan Ivri and Roberta L. Davis, Deputy Attorneys General, for Plaintiff and Respondent. _______________ Antonio Dejuan Jones, convicted in 1996 following a jury trial of first degree murder with a felony-murder special- circumstance finding, appeals the superior court’s summary denial of his petition for resentencing pursuant to Penal Code section 1170.951 without first appointing counsel and inviting briefing. Although the court erred by denying the petition without appointing counsel (People v. Lewis (2021) 11 Cal.5th 952, 963 (Lewis) [“petitioners who file a complying petition requesting counsel are to receive counsel upon the filing of a compliant petition”]), the error was harmless because, as the actual killer of Refugio Garcia, Jones is ineligible for resentencing under section 1170.95 as a matter of law. FACTUAL AND PROCEDURAL BACKGROUND 1. Jones’s Conviction for Murder and Other Crimes Jones was charged in a seven count information filed in October 1995 with one count of murder (§ 187, subd. (a)), two counts of attempted willful, deliberate and premeditated murder (§§ 187, subd. (a), 664), kidnapping to commit robbery (§ 209, subd. (b)), carjacking (§ 215, subd. (a)) and two counts of robbery (§ 211). The murder was alleged to have been committed in the course of a robbery (§ 190.2, subd. (a)(17)); a firearm-use enhancement was alleged as to each count (§ 12022.5, subd. (a)); and it was alleged as to all counts other than for murder that Jones had inflicted great bodily injury on his victim (§ 12022.7, subd. (a)).