People v. Jones
243 Cal. Rptr. 3d 722
| Cal. Ct. App. 5th | 2019Background
- Late night bar confrontation after a patron (Felix) complained about a drink; defendant (Jones) returned and, after an altercation, stabbed employee Angelo Stowers, causing life-threatening injuries.
- DNA on the tip of Stowers's knife matched defendant; defendant admitted presence at the scene.
- Jury convicted Jones of attempted premeditated murder, assault with a deadly weapon, and assault likely to produce great bodily injury; enhancements: personal use of a weapon, great bodily injury, and a five-year serious-felony prior under § 667(a).
- In bifurcated proceedings, defendant admitted a prior attempted voluntary manslaughter that qualified as a serious felony and a strike.
- Trial court sentenced to a lengthy aggregate term (22 years plus a consecutive 14-to-life term); court imposed upper term on the assault count and expressed strong views that defendant’s conduct was premeditated, violent, and deserving of a severe sentence.
- After the California Supreme Court directed reconsideration in light of SB 1393 (authorizing trial courts to strike certain § 667(a) priors), defendant sought remand to permit the trial court to consider striking the five-year prior enhancement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prosecutor unconstitutionally struck the sole African-American prospective juror | Prosecutor: per trial court, strikes were lawful and not race-based | Jones: prosecution used peremptory to remove sole potential African-American juror based on race (Batson claim) | (Not reached in this opinion summary sections I–IV referenced but disposition affirms conviction; appellate court rejected Batson challenge in original proceedings) |
| Sufficiency of evidence for premeditation and deliberation | Prosecution: facts (reconnaissance, chase, multiple stabbings) support willful, deliberate, premeditated attempted murder | Jones: contends evidence insufficient to show premeditation | Court affirmed that evidence supported willful, deliberate, premeditated attempted murder |
| Whether sentence contained unauthorized or clerical errors | People: sentence and records should reflect convictions and enhancements accurately | Jones: challenged sentence components and clerical entries | Court remanded only to correct clerical errors and to strike one five-year enhancement on count three; otherwise affirmed judgment |
| Whether SB 1393 entitled defendant to remand so trial court may consider striking § 667(a) five-year prior | Jones: SB 1393 is retroactive and warrants remand so court may exercise discretion to strike prior | People: SB 1393 is retroactive but trial record shows court would not have stricken the prior; no remand needed on that enhancement | Court found SB 1393 retroactive but held remand unnecessary because record clearly shows trial court would not have struck the prior; no resentencing on that enhancement |
Key Cases Cited
- In re Estrada, 63 Cal.2d 740 (1965) (retroactivity presumption for ameliorative statutory changes)
- People v. Garcia, 28 Cal.App.5th 961 (2018) (retroactivity and application of sentencing amendments)
- People v. McDaniels, 22 Cal.App.5th 420 (2018) (no remand where record shows trial court would not have stricken enhancement)
- People v. McVey, 24 Cal.App.5th 405 (2018) (infer trial court's likely exercise of discretion from record statements and sentencing choices)
- People v. Gutierrez, 48 Cal.App.4th 1894 (1996) (no remand when court's rulings and statements indicate it would not reduce sentence)
- People v. Almanza, 24 Cal.App.5th 1104 (2018) (speculation about what court might do on remand is insufficient without a record basis)