People v. Jones CA4/1

Filed 11/30/23 P. v. Jones CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D081150

Plaintiff and Respondent,

v. (Super. Ct. No. SCD250578)

JESSIE WILLARD JONES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Lisa R. Rodriguez, Judge. Affirmed. Justin Behravesh, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters and Charles C. Ragland, Assistant Attorneys General, Arlene A. Sevidal, Paige B. Hazard, Susan Elizabeth Miller, and James Spradley, Deputy Attorneys General, for Plaintiff and Respondent. Defendant Jessie Willard Jones appeals the judgment upon resentencing after the court recalled his prior sentence pursuant to Penal

Code section 1172.1.1 Jones contends the trial court abused its discretion by declining to dismiss either a “strike” prior offense (§ 667, subds. (b)–(i)) or a serious felony prior offense (§ 667, subd. (a)(1)). Finding no abuse of discretion, we affirm. FACTUAL AND PROCEDURAL BACKGROUND In 2014, a jury convicted Jones of first-degree robbery, residential burglary, assault with a deadly weapon, assault by means of force likely to

produce great bodily injury, assault with a firearm, and false imprisonment.2 The jury found true a special allegation that Jones personally used a deadly and dangerous weapon (a firearm). (§ 12022.5, subd. (a).) The sentencing court found true allegations that Jones was convicted of a serious felony (§ 667, subd. (a)(1)), and that he was convicted of a serious or violent felony within the meaning of the “Three Strikes” law (§ 667, subds. (b)-(i)) (the “strike prior”). The court sentenced Jones to a 28-year prison term. On appeal, this court concluded that Jones’s sentence on one of the counts should have been stayed under section 654 and that the trial court should have added only one five-year serious felony enhancement under section 667, subdivision (a)(1) to Jones’s term. Accordingly, this court vacated and remanded for resentencing. At the resentencing hearing following remand, Jones asked the court to dismiss his strike prior and sentence him to a total term of 15 years, rather than the 21-year term advocated by the People. The court declined to dismiss the strike prior and imposed a 21-year sentence, consisting of 12 years for the robbery count (the middle term, doubled for the strike prior), 4 years for the