People v. Jones CA5

INTRODUCTION

In 2006, a jury found defendant Arthur Ray Jones guilty of possession of a controlled substance (Health & Saf. Code, § 11350), and he was sentenced to a term of 25 years to life pursuant to the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)–(j), 1170.12, subds. (a)–(d)). In February 2024, defendant filed a request for the court to recall his sentence on its own motion pursuant to Penal Code section 1172.1, subdivision (a)(3) in the interest of justice. On March 12, 2024, the court denied the request. Defendant appeals from the court’s order denying his request. On appeal, counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 asking this court to review the record to determine whether there are any arguable issues on appeal. Our court sent defendant a letter notifying him counsel found no arguable issues, he had 30 days to file a supplemental letter or brief raising any arguable issues, and his failure to file a supplemental letter or brief could result in this court dismissing the appeal as abandoned. Defendant filed a supplemental brief. After considering defendant’s supplemental letter brief and independently reviewing the record, we affirm the…