People v. Jones CA5

Filed 7/3/23 P. v. Jones CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F084955/F085434 Plaintiff and Respondent, (Consolidated)

v. (Stanislaus Super. Ct. No. CR-22-006740) RONALD LEE JONES,

Defendant and Appellant. OPINION

THE COURT* APPEAL from a judgment of the Superior Court of Stanislaus County. Linda A. McFadden, Judge. Francine R. Tone, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Smith, J. and Snauffer, J.

INTRODUCTION Appellant and defendant Ronald Lee Jones (appellant) entered into a plea agreement and was sentenced to a second strike term of 32 months, based on the allegations in the amended complaint that he had two prior strike convictions. Thereafter, defense counsel advised the court that one of the prior strike convictions was invalid. The parties reached a new disposition and the court recalled and resentenced appellant to two years. On appeal, his appellate counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant has not filed a supplemental brief. We affirm. FACTS1 On July 13, 2022, Officer Eric Souza of the Ceres Police Department was driving through a parking lot on East Hatch Street in Stanislaus County when he was flagged down by Gerilyn Proctor, who was in a motorized wheelchair. Ms. Proctor reported that a couple of days earlier, she had parked her Toyota in a parking lot on East Service Road, which was across town. After she parked her car, she became ill, believed she was having a heart attack, and called 911. She was taken to the hospital by ambulance. Ms. Proctor stated she believed that she left her vehicle unlocked with the keys in the car. While she was in the hospital, she asked a friend to check on her car and the friend reported the car was gone. Officer Souza drove to the area where Ms. Proctor left her car, and he saw her Toyota at a gas station. As Souza walked up to the vehicle, appellant was sitting in the driver’s seat but lying across the front seat. The keys were in the ignition, and the