People v. Jones CA2/2

Filed 5/9/23 P. v. Jones CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B321823

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA083201) v.

ANTWION JONES,

Defendant and Appellant.

THE COURT: On May 23, 2007, defendant and appellant Antwion Jones was convicted after a jury trial of murder (Pen. Code, § 187, subd. (a); count 1),1 attempted murder (§§ 664/187, subd. (a); count 2), and two counts of possession of a firearm by a felon, resulting in great bodily injury or death (§ 12022.53, subd. (d); counts 3 & 4). He was sentenced to a term of 75 years to life

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

on count 1 and 39 years to life on count 2, to be served consecutively, in state prison. His sentences on counts 3 and 4 were stayed pursuant to section 654. On May 24, 2022, defendant filed a petition for resentencing pursuant to former section 1170.95.2 The trial court denied defendant’s motion on June 10, 2022, reasoning: “[T]he court file reflects that [defendant] was the actual killer and was not convicted under a theory of felony murder of any degree or a theory of natural and probable consequences. There are no jury instructions for aiding and abetting, felony murder, or natural and probable consequences.” Defendant timely filed a notice of appeal. Appointed counsel filed a brief raising no issues and asking this court to conduct an independent review of the record pursuant to People v. Serrano (2012) 211 Cal.App.4th 496. Where appointed counsel finds no arguable issues in an appeal seeking postjudgment relief, the appellate court is not required to conduct an independent review for arguable issues. (People v. Cole (2020) 52 Cal.App.5th 1023, 1039–1040, review granted Oct. 14, 2020, and issues for review expanded Oct. 27, 2021, S264278; see People v. Serrano, supra, 211 Cal.App.4th at p. 503.) However, we do review any contentions or arguments made if the defendant files his own supplemental brief or letter. (People v. Cole, supra, at p. 1039.)