People v. Jones CA4/2

California Court of Appeal Jun 11, 2024 No. E083238Unpublished

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Holding. The court dismissed the appeal as abandoned because the defendant failed to file a supplemental brief after appointed counsel found no arguable issues in the denial of his section 1172.6 resentencing petition.

Issues

Whether the trial court erred in summarily denying the defendant's resentencing petition without an order to show cause.
Whether the defendant's guilty plea precluded relief under section 1172.6.
Whether the appeal should be dismissed as abandoned due to the defendant's failure to file a supplemental brief.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“When the defendant on appeal from the denial of a section 1172.6 petition does not file a supplemental brief, the appellate court “may dismiss the appeal as abandoned.””

“The appeal is dismissed.”

Filed 06/11/24 P. v. Jones CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E083238

v. (Super.Ct.No. FVI18003496)

THOMAS ANDREW JONES, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. John P. Vander Feer,

Judge. Dismissed.

James M. Crawford, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

An information charged defendant and appellant Thomas Jones with attempted

murder (Pen. Code, §§ 664, 187, subd. (a); all further statutory references are to this

code), torture (§ 206), and infliction of corporal injury on a spouse or cohabitant

(§ 273.5, subd. (a)). As pertinent here, the information also alleged various

enhancements on the attempted murder count, including that defendant personally

inflicted great bodily injury on the victim in circumstances involving domestic violence

People v. Jones CA4/2

AI Brief

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

THOMAS ANDREW JONES, OPINION

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DISPOSITION

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

CODRINGTON J.

RAPHAEL J.

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