People v. Jones CA4/1

California Court of Appeal Apr 28, 2023 No. D081147Unpublished

AI Brief

AI-generated · verify before citing

Holding. The court affirmed the denial of the defendant's petition for resentencing under Penal Code section 1172.6, finding that the defendant failed to make a prima facie showing of eligibility because he was the actual killer.

Issues

Whether a conviction for first degree murder is appropriate when the record contains no evidence of an intent to kill.
Whether a life without parole sentence is appropriate when the record contains no evidence of an intent to kill.
Whether a life without parole sentence is appropriate for a defendant who was 20 years old at the time of the crime.
Whether the defendant made a prima facie showing of eligibility for resentencing under section 1172.6.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“After reviewing the record of conviction, the court concluded Jones was the person who fired the shot which killed the victim.”

“The court found Jones had failed to make a prima facie showing of eligibility for relief under section 1172.6 and therefore denied the petition.”

“The order denying Jones’s request for resentencing under section 1172.6 is affirmed.”

Filed 4/28/23 P. v. Jones CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D081147

Plaintiff and Respondent,

v. (Super. Ct. No. CR143050)

DARNELL KENNETH JONES,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Kenneth K. So, Judge. Affirmed. Darnell Kenneth Jones, in pro. per.; and Laura P. Gordon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. In 1994, a jury convicted Darnell Kenneth Jones of first degree murder

(Pen. Code,1 § 187, subd. (a)(1)) and found true alleged special circumstances of murder during the commission of robbery and burglary (§ 190.2,

1 All further statutory references are to the Penal Code unless otherwise specified.

subd. (a)(17)). The jury also found Jones guilty of robbery (§ 211), burglary (§ 459), and vehicle theft (Veh. Code, § 10851, subd. (a)). The jury found that Jones personally used a firearm. (§ 12022.5, subd. (a).) Jones was sentenced to life without parole (LWOP) plus four years for the firearm use. In 2020, Jones filed the first of three petitions for resentencing under section 1170.95 (now renumbered section 1172.6). The trial court appointed counsel and held a hearing. After reviewing the record of conviction, the court concluded Jones was the person who fired the shot which killed the victim. The court found Jones had failed to make a prima facie showing of eligibility for relief under section 1172.6 and therefore denied the petition. Jones filed a timely notice of appeal. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to review the

People v. Jones CA4/1

AI Brief

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D081147

DARNELL KENNETH JONES,

More from California Court of Appeal

Related research

HUFFMAN, J.

BUCHANAN, J.

AI Brief