Jones

The People v. Jones

Bad Law
158 Cal. Rptr. 3d 786·2013 Cal. App. LEXIS 519·217 Cal. App. 4th 735·2013 WL 3287614
Court of Appeal of CaliforniaJune 28, 2013C059440California4,361 words

Opinion

Opinion

Nicholson, J.

In exchange for a maximum prison term, defendant Christopher Allen Jones, Sr., pleaded no contest to several counts of criminal conduct and admitted a prior serious felony conviction and a prior prison term. To comply with the plea agreement and avoid the sentencing requirements of the “Three Strikes” law, the trial court struck the prior serious felony conviction and prior prison term. After doing so, the court sentenced defendant to the maximum term allowed by the plea agreement. It imposed consecutive sentences for two of the counts and concurrent sentences for the remaining counts.

On appeal, defendant contends that (1) the information in an affidavit supporting a search warrant was stale and therefore did not supply probable cause, (2) the court’s imposition of consecutive and concurrent terms violated Penal Code section 654’s prohibition on double punishment, and (3) he was deprived of effective assistance of counsel because his trial counsel did not argue against consecutive sentencing.

We conclude that (1) the information in the affidavit supporting the search warrant was not stale and supported the trial court’s probable cause finding, (2) defendant is barred…

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