People v. Jones CA4/2

I.

INTRODUCTION

Defendant and appellant Cleon Neal Jones appeals from a postjudgment order

denying his motion for relief due to discrimination pursuant to Penal Code section 745,

subdivision (a) (the Racial Justice Act (RJA)). Appointed counsel has filed a brief under

the authority of People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), requesting this

court to conduct an independent review of the record. In addition, defendant has had an

opportunity to file a supplemental brief with this court and has done so. For the reasons

explained, we dismiss the appeal.

II.

FACTUAL AND PROCEDURAL BACKGROUND1

In August 1995, at about 10:30 p.m., defendant and another man approached the

residence of 16-year-old Rodolfo Martinez. Defendant, holding a 9-millimeter or .45-

caliber firearm, ordered Rodolfo, his brother Eric, age 13, and their father, who were all

outside the house, to lie down on the ground. Defendant then pointed his gun at

Rodolfo’s cousin, Artemio Garcia, who was in his 1981 Oldsmobile Cutlass. After

defendant ordered Artemio to get out and lie down on the ground, defendant searched

Artemio and took the latter’s car keys, pager, and money. Defendant’s…