People v. Jones CA5

INTRODUCTION

Appellant and defendant Garry Lynn Jones (appellant) pleaded no contest to assault with a firearm with an enhancement for personal use of a firearm, and admitted he had a prior strike conviction. He was sentenced to the indicated second strike term of eight years. In 2024, appellant filed a request for recall and resentencing pursuant to Assembly Bill No. 600 (2023–2024 Reg. Sess.) (Assembly Bill 600) and Penal Code1 section 1172.1, and asserted he should be resentenced because there was no evidence he had the prior conviction, and he could not be sentenced for both count 2 and the personal use enhancement. The trial court found appellant’s request lacked merit and denied his petition with prejudice. On appeal, appellate counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436; People v. Delgadillo (2022) 14 Cal.5th 216.) Appellant did not file a letter brief. After review of the record, we affirm the order.

PROCEDURAL BACKGROUND

On December 9, 2021, an information was filed in the Superior Court of Kern County in case No. BF187720A…