People v. Jones CA2/4

Filed 8/15/23 P. v. Jones CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR

THE PEOPLE, B321841

Plaintiff and Respondent, Los Angeles County Super. Ct. No. GA051109 v.

MARC ANTHONY JONES,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Teri Schwartz, Judge. Affirmed. Adrian K. Panton, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

“In 2004, a jury convicted Jones of first degree murder ([Pen. Code,1] § 187, subd. (a)) and found true the allegation that he personally and intentionally discharged a firearm (§ 12022.53, subd. (d)). The trial court sentenced him to 50 years to life in state prison.” (People v. Jones (Dec. 8, 2020, B300320) [nonpub. opn.] (Jones).)2 “In 2019, Jones filed a petition for resentencing under section 1170.95 . . . . [¶] The trial court denied the petition, concluding Jones was ineligible for relief as a matter of law because the record did not show he was convicted under a felony- murder or natural and probable consequences theory of liability. In denying the petition, the court noted Jones shot the victim multiple times during a domestic dispute, was convicted of first degree murder, the jury found true a personal use firearm allegation, and the appellate court decision noted the evidence overwhelmingly demonstrated he harbored an intent to kill.” (Jones, supra, B300320.) Jones appealed, and this court affirmed the trial court’s order denying relief, noting the record of conviction in no way demonstrated Jones was convicted under the felony murder rule

1 All undesignated statutory references are to the Penal Code. 2 We granted appellate counsel’s request for judicial notice of our opinion, in case number B300320, affirming the denial of Jones’s original petition for section 1170.95 relief. This appeal is from the denial of another section 1170.95 petition Jones filed after the Legislature amended the statute in various ways. Because the litigation in this case occurred before section 1170.95 was renumbered, we refer throughout this opinion to the old code section.