People v. Jones CA4/2

INTRODUCTION

A jury found defendant and appellant Earnest Lee Jones guilty of attempted

voluntary manslaughter (Pen. Code,1 §§ 664, 192, subd. (a), count 1), assault with a

semiautomatic firearm upon four different individuals (§ 245, subd. (b), counts 2, 4,

& 7), attempted murder (§§ 664, 187, count 3), and discharging a firearm at an occupied

vehicle (§ 246, count 5). The jury also found true firearm and great bodily injury (GBI)

allegations as to the various counts (§§ 12022.53, subd. (d), 12022.5, subd. (a)(1) &

12022.7, subd. (a).) The trial court sentenced defendant to an indeterminate term of

years to life, plus a determinate prison term of 17 years. The case was remanded on four

occasions for resentencing, following four prior appeals.2 This fifth appeal arises from a

resentencing hearing that was conducted after this court remanded for a full resentencing.

(People v. Jones, supra, E077323.) Defendant now contends the trial court abused its

discretion when it sentenced him by: (1) failing to consider his mitigating factors when

resentencing him to consecutive versus concurrent terms; and (2) failing to consider

Senate Bill No. 81 and Assembly Bill 518 in…