People v. Jones, 223 Cal. App. 4th 995

Two August 2011 gang killings by Grape Street Crips members in Jordan Downs, Los Angeles; Raspberry killed by Aubry after a dispute over drugs, Jones present but not aiding Raspberry.
Jones, a Raspberry confidant, later killed McNeil in the same area after expressing intent to kill him.
Surveillance videos captured the encounter between Jones and McNeil and were shown to the jury.
Marilyn Garcia, a neighbor, identified Jones in a photo lineup and testified to seeing the shooter look back at her.
Jones was convicted of first degree murder with personal firearm use and gang-enhancement allegations; sentenced to 50 years to life.
The defense theories focused on mistaken identity and provocation; the court gave standard CALCRIM instructions on provocation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Provocation instructions accuracy for degree reduction	Jones claims instructions misled about objective standard	Hernandez controls; proper guidance on provocation	No error; instructions correct and complete.
Admission of prison-reference during witness testimony	Prison history implied; prejudicial	Court struck the answer; admonished jury	Prompt curative instruction preserved integrity; no reversal.
Firearm enhancement under section 12022.53(d) and double jeopardy	Enhancement violates double punishment/jeopardy	Supreme Court precedent forecloses claim	Held to be controlled by precedent; affirmed.

People v. Hernandez, 183 Cal.App.4th 1327 (Cal. Ct. App. 2010) (provocation requires a subjective and objective test for degree reduction)
People v. Rundle, 43 Cal.4th 76 (Cal. 2008) (failure to request pinpoint instruction forfeits claim)
People v. Guiton, 4 Cal.4th 1116 (Cal. 1993) (prosecutor’s argument can affect prejudice when two bases exist)
People v. Yeoman, 31 Cal.4th 93 (Cal. 2003) (jury presumed to follow court's instructions to disregard stricken testimony)