People v. Jones CA2/2

Filed 6/21/23 P. v. Jones CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B324588

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA001430) v.

MAURICE DEVON JONES,

Defendant and Appellant.

THE COURT:*

Defendant and appellant Maurice Devon Jones (defendant) appeals from the denial of his petition for vacatur of his convictions of murder and attempted murder and for resentencing under Penal Code section 1172.6.1 Defendant’s

1 Defendant’s petition was filed as a petition under section 1170.95, but heard and decided after the effective date of the statute’s renumbering as 1172.6. (See Stats. 2022, ch. 58, § 10.)

appointed counsel found no arguable issues and filed a brief requesting we exercise our discretion to conduct an independent review of the record or in the alternative, a review as set forth in People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Following the standard articulated in Delgadillo, we consider defendant’s supplemental brief and conduct a limited review of the record. (See id., at pp. 230–232.) Finding no merit to defendant’s appeal, we affirm the judgment.

BACKGROUND In 1992, defendant was convicted of one count of second degree murder and one count of attempted murder. The jury found true that defendant personally used a firearm within the meaning of section 12022.5, and that defendant intentionally inflicted great bodily injury upon the victim in count 2 within the meaning of section 12022.7. In addition, the jury found the attempted murder was willful, deliberate and premeditated. Defendant admitted the one-year prior prison term allegation pursuant to former section 667.5, subdivision (b). On March 19, 1992, defendant was sentenced to life in prison as to count 2, the base term, plus a consecutive term of 15 years to life as to count 1, plus seven years due to the firearm and great bodily injury enhancements. The judgment was affirmed in People v. Jones (Sept. 29, 1993, B067036) [nonpub. opn.]. After defendant’s conviction, the Legislature passed Senate Bill No. 1437 (2017–2018 Reg. Sess.), which amended sections 188 and 189, the laws pertaining to felony murder and murder