P. v. Jones CA2/2

Filed 5/9/13 P. v. Jones CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B242178

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA090906) v.

JOSHUA EMMANUEL JONES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Richard R. Romero, Judge. Affirmed.

David Cohen, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Michael R. Johnsen and Jonathan M. Krauss, Deputy Attorneys General, for Plaintiff and Respondent.

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Appellant Joshua Emmanuel Jones was charged with one count of grand theft (Pen. Code, § 487, subd. (a)),1 one count of attempted grand theft (§§ 664/487) and five prior felony convictions within the meaning of section 1203, subdivision (e)(4). Appellant was charged with having committed a prior serious felony for the purpose of being committed to state prison, if convicted in the instant case. (§ 1170, subd. (h)(3).) He was charged pursuant to section 667.5, subdivision (b) with having committed two felonies and with not remaining free of prison custody during a period of five years subsequent to the conclusion of these terms. He was also charged pursuant to section 1170.12, subdivisions (a) through (d) and section 667, subdivisions (b) through (i), with one prior strike conviction. A jury convicted appellant of attempted grand theft but deadlocked on the grand theft charge. The court declared a mistrial on this charge. The information was amended to allege a petty theft, a misdemeanor. Appellant entered a plea of nolo contendere to this charge. In a bifurcated proceeding, the court found that appellant had committed a prior serious felony for purposes of section 1170, subdivision (h)(3). The court found true that appellant had suffered a prior strike conviction and that he had not remained free of custody during a period of five years after serving a term of conviction. Appellant was sentenced to a term of four years in state prison for the attempted grand theft, composed of the high term of three years for attempted grand theft and one year under section 667.5, subdivision (b). Appellant was sentenced to a concurrent term of six months in county jail on the misdemeanor conviction. FACTS The sole issue on appeal is the denial of appellant’s motion made pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden). The pertinent facts and