People v. Jones CA4/2

INTRODUCTION

Defendant and appellant Kevin Anthony Jones appeals the trial court’s judgment

following its resentencing under Penal Code1 section 1172.75. He argues that the court

erred in failing to dismiss a sentencing enhancement under section 1385, subdivision

(c)(2)(C). We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On October 23, 1998, defendant committed a bank robbery. On February 17,

1999, following a court trial, he was found guilty of robbery. (§ 211.) The court also

found true the allegations that defendant had 20 prior strike convictions (§§ 667, subds.

(c) & (e) and 1170.12, subd. (e)), two prior serious felony convictions (§ 667, subd. (a)),

and one prior prison term (§ 667.5, subd. (b)). On April 23, 1999, the court sentenced

him to 25 years to life in state prison on count 1, plus a determinate term of 11 years for

the two prior serious felony enhancements and the prior prison enhancement.

On June 26, 2023, after defendant’s name was presumably provided to the trial

court as someone potentially eligible for resentencing under section 1172.75, the court

held a full recall/resentencing hearing. The minute order indicates the court struck the

prison…