People v. Jones CA2/2

Filed 10/11/22 P. v. Jones CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B312925 (c/w B313039, B313212) Plaintiff and Respondent, (Los Angeles County v. Super. Ct. No. NA038648)

JERRELL DOUGLAS JONES et al.,

Defendants and Appellants.

APPEAL from orders of the Superior Court of Los Angeles County. Laura L. Laesecke, Judge. Reversed and remanded with directions.

Eric R. Larson, under appointment by the Court of Appeal, for Defendant and Appellant Jerrell Douglas Jones.

Jonathan E. Demson, under appointment by the Court of Appeal, for Defendant and Appellant Roderick Tushawn Lipsey.

Mark Alan Hart, under appointment by the Court of Appeal, for Defendant and Appellant James Williams Matthews.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Daniel C. Chang and John Yang, Deputy Attorneys General, for Plaintiff and Respondent. ______________________________

In 2001, defendants and appellants Jerrell Douglas Jones (Jones), Roderick Tushawn Lipsey (Lipsey), and James Williams Matthews (Matthews) were convicted by a jury of first degree murder (Pen. Code, § 187, subd. (a)),1 with findings that the murder was committed during the course of a robbery (§ 190.2, subd. (a)(17)), a principal was armed (§ 12022, subd. (a)(1)), and Jones and Lipsey personally used a handgun (§§ 12022.5, subd. (a)(1) & 12022.53, subd. (b)); eight counts of second degree robbery (§ 211), with findings that a principal was armed and Jones and Lipsey personally used a handgun; one count of attempted second degree robbery (§§ 664/211), with findings that a principal was armed and Jones and Lipsey personally used a handgun; and three counts of assault with a firearm (§ 245, subd. (a)(2)), with findings that a principal was armed and Jones and Lipsey were “‘armed’” with a handgun (§ 12022.5, subd. (a)(1)). (People v. Matthews (Apr. 23, 2003, B149957) [nonpub. opn.], at pp. 15–16.) Jones was also convicted of two counts of forcible rape (§ 261, subd. (a)(2)), one count of forcible oral copulation (§ 261, subd. (a)(2)), and one count of sexual battery by restraint