People v. Jones-Carnes CA3

Filed 3/6/23 P. v. Jones-Carnes CA3

NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C095850

Plaintiff and Respondent, (Super. Ct. No. 19FE000142)

v.

DAVONNTAY ORYAN JONES-CARNES,

Defendant and Appellant.

A jury found defendant Davonntay Oryan Jones-Carnes guilty of attempted murder and found true various gun enhancements. It also found defendant guilty of assault with a semiautomatic firearm and found true a great bodily injury enhancement and a personal use of a firearm enhancement. Finally, the jury found defendant guilty of concealed possession of a firearm and driving a vehicle valued at more than $950 without consent of the owner. The trial court sentenced defendant to seven years to life for the attempted murder conviction, plus 10 years for the associated gun enhancements; it

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sentenced him to two years eight months for the remaining convictions carrying unstayed sentences. The trial court did not impose a sentence for the assault with a semiautomatic firearm conviction and associated enhancements. Defendant appeals, challenging the imposition of a sentence under the gun enhancements and requesting the abstract of judgment be corrected. The matter is remanded for resentencing and the judgment is otherwise affirmed. FACTUAL AND PROCEDURAL BACKGROUND On December 28, 2018, defendant shot Anthony D. in a grocery store parking lot. The altercation started when defendant dropped some coins on the ground in the store and a group of Anthony’s friends laughed at defendant. Upon leaving the store, defendant got in his car and drove to Anthony’s group, which was standing near Anthony’s friend’s car. Defendant got out of his car and fired six rounds from his gun at the group, two of which hit Anthony. One of these bullets left Anthony paralyzed from the waist down. Later, it was discovered that the car defendant was driving had been stolen and the gun defendant used had also been stolen. Defendant was charged with attempted murder with alleged gun enhancements under Penal Code1 sections 12022.5, subdivision (a) and 12022.53, subdivisions (b), (c), and (d); assault with a semiautomatic firearm with alleged great bodily injury and personal use of a firearm enhancements; concealed possession of a firearm; and driving a vehicle valued at more than $950 without consent of the owner. The jury found defendant guilty of all offenses and found all enhancements true. Defendant filed a motion to dismiss all enhancements, and the trial court granted the motion as to the enhancements under section 12022.53, subdivisions (c) and (d). The motion was denied