People v. Jones CA2/8

Filed 7/7/22 P. v. Jones CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B314612

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA101891) v.

JOSEPH WAYNE JONES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, William L. Sadler, Judge. Appeal dismissed.

Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

_________________________

We review this appeal pursuant to People v. Wende (1979) 25 Cal.3d 436. On December 17, 2019, appellant was charged with one count of second degree burglary in violation of Penal Code section 459. The complaint alleged nine prior serious or violent felony convictions pursuant to Penal Code sections 667, subdivisions (b)–(j), 1170, subdivision (h)(3) and 1170.12. It also alleged appellant did not remain free of prison custody for a period of five years and therefore qualified for sentencing as described in Penal Code section 667.5. On December 26, 2019, appellant pleaded no contest to burglary in the second degree. The court recited the terms of the plea agreement: a plea of no contest to second degree burglary with a sentence in state prison of the upper term of three years. Prior strike and violent felony allegations would be dismissed. Both counsel agreed to the terms as set forth by the trial court. The court denied probation and sentenced appellant to state prison to be served “in local prison” for the upper term of three years. The court selected the upper term of three years pursuant to the plea agreement. On January 17, 2020, appellant was present in court and stated he wished to withdraw his plea because he was told he would serve his term in county jail, rather than in state prison, which is what he had bargained for because he would get more custody credits. Appellant also asked for a Marsden1 hearing. The matter was re-set for January 23, 2020. On January 23, 2020, the court vacated the sentence without objection and set a new sentencing date of February 11,