People v. Jones CA3

Filed 7/10/24 P. v. Jones CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Shasta) ----

THE PEOPLE, C098552

Plaintiff and Respondent, (Super. Ct. No. 15F7519)

v.

JIMMIE LEE JONES, SR.,

Defendant and Appellant.

In 2016, a jury found defendant Jimmie Lee Jones, Sr., guilty on numerous felony charges and found true a great bodily injury enhancement. The trial court also found true allegations that defendant was previously convicted of strike offenses (Pen. Code, § 1170.12)1 and three serious felonies (§ 667, subd. (a)), and served four prior prison

1 Undesignated statutory references are to the Penal Code.

1

terms (§ 667.5, subd. (b)). The trial court sentenced defendant to an aggregate term of 126 years to life in state prison. In November 2021, the Department of Corrections and Rehabilitation (CDCR) sent a letter to the trial court noting an error in defendant’s sentence. The court corrected the error. Days later, the court put the matter back on calendar and struck the prior prison term enhancements, reducing defendant’s sentence to 93 years to life in state prison. Defendant was not present at either resentencing. On appeal, defendant contends the trial court erred in failing to give him a full resentencing, including the right to be present at the resentencing hearing. The People concede the error. We accept the People’s concession, vacate the sentence, and remand the matter for further proceedings. I. DISCUSSION On February 25, 2016, a jury found defendant guilty on four counts of assault with a deadly weapon (§ 245, subd. (a)(1)—counts 1, 2, 4, 5), making criminal threats (§ 422—count 3), hit and run (Veh. Code, § 20002, subd. (a)—count 6), corporal injury to a cohabitant (§ 273.5, subd. (a)—count 7), and attempted corporal injury to a cohabitant (§§ 664/273.5—count 8). Relative to count 5, the jury also found true an allegation that defendant inflicted great bodily injury on his victim. In a bifurcated proceeding, the trial court found true allegations that defendant was previously convicted of three strike felonies (§ 1170.12) and three serious felonies (§ 667, subd. (a)), and served four prior prison terms (§ 667.5, subd. (b)). The court sentenced defendant to an aggregate term of 126 years to life in state prison. A week later, the court recalled defendant’s sentence pursuant to section 1170, subdivision (d), citing errors in the calculation of defendant’s term. On May 20, 2016, the trial court corrected those calculation errors and resentenced defendant. The total term, however, remained the same: 126 years to life in state prison.