People v. Jones CA2/7

Filed 11/6/23 P. v. Jones CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B320529

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA086503) v.

DAVID LEE JONES,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Michael V. Jesic, Judge. Dismissed. The Law Offices of Harold W. Dickens III and Harold W. Dickens III for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Steven D. Matthews and Ryan M. Smith, Deputy Attorneys General, for Plaintiff and Respondent. ________________________

INTRODUCTION

David Lee Jones pleaded no contest to charges of elder abuse, vandalism and possession of marijuana for sale, and was sentenced to 36 months of summary probation. Two years later, he filed a petition for writ of error coram nobis, arguing his plea was the result of ineffective assistance by his trial counsel. The trial court dismissed, without prejudice, the petition for failure to state a prima facie claim for relief. We agree Jones’s petition does not state a claim for relief and dismiss the appeal on that ground.

FACTUAL AND PROCEDURAL BACKGROUND

In 2014 while working as a medical technician at Tarzana Medical Center, Jones met 83-year-old Loretta Powell. Some time thereafter Jones moved into a room in Powell’s home. While the parties disagree regarding whether Jones paid rent, the People do not dispute that, on one occasion, Jones advanced approximately $50,000 to cover past due payments on the note secured by the home and other home expenses for Powell. In 2016 Jones took Powell to the hospital after she fell at home and broke her hip. During her hospital stay Jones had an attorney prepare documents placing Powell’s house in a trust with Jones as trustee and beneficiary, with a life estate to Powell. Powell signed the trust documents while in the hospital in the presence of a notary obtained by Jones. Powell apparently reconsidered her arrangement with Jones, and the record reflects that by spring of 2017 she and Jones were parties to an unspecified lawsuit. In July of that year