People v. Jones CA5

Filed 7/14/22 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F083258 Plaintiff and Respondent, (Super. Ct. No. BF159975A) v.

STEPFON JONES, OPINION Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Kern County. Michael G. Bush, Judge. Catherine White, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P. J., Smith, J. and Snauffer, J.

STATEMENT OF APPEALABILITY This trial court’s order is appealable pursuant to Penal Code section 1237, subdivision (b),1 which authorizes an appeal “[f]rom any order made after judgment affecting the substantial rights of the party.” (Teal v. Superior Court (2014) 60 Cal.4th 595, 597; People v. Martinez (2019) 31 Cal.App.5th 719, 729.) STATEMENT OF THE CASE In the underlying case, appellant Stepfon Jones was charged with premeditated murder (Pen. Code, § 187, subd. (a); count 1); assault on a child under age eight resulting in death (§ 273ab, subd. (a); count 2); and felony child endangerment (§ 273a, subd. (a); count 3). In May 2017, a jury found appellant guilty of counts 2 and 3, and the lesser offense of second degree murder in count 1. On June 27, 2017, the trial court sentenced appellant to 25 years to life in prison on count 2, and a consecutive six-year sentence on count 3. The trial court stayed the term of count 1 pursuant to section 654. Appellant appealed. On September 18, 2020, this Court affirmed. (People v. Jones (Sept. 18, 2020, F075895) [nonpub. opn.].) In September 2018, Governor Brown signed into law Senate Bill No. 1437 (2017- 2018 Reg. Sess.) (Stats. 2018, ch. 1015, § 4). That bill, effective on January 1, 2019, added section 1170.95 to the Penal Code. Former Section 1170.95 (now § 1172.6)2 created a procedure for certain defendants convicted of felony murder or murder on a natural and probable consequences theory to return to court and, depending on the facts of their cases, receive relief.

1 Subsequent statutory references are to the Penal Code. 2Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change in text (Stats. 2022, ch. 58, § 10).