People v. Jones CA2/8

BACKGROUND

In 2008, a jury convicted James Stanley Jones of murder, attempted murder, and two counts of shooting from a motor vehicle, along with firearm allegations. The trial court sentenced Jones to a total of 75 years to life on the murder and attempted murder convictions and firearm enhancements. The trial court stayed the sentences on the remaining two counts under Penal Code1 section 654 without first imposing specific terms, stating, “[F]inally, for counts 3 and 4, in light of the evidence that was presented in this case, those sentences—any sentence on those counts will be stayed, pursuant to Penal Code section 654.” The trial court never pronounced particular sentences for these counts. This was error. (People v. Alford (2010) 180 Cal.App.4th 1463, 1469 [a sentence must be imposed on each count and then stayed as necessary to comply with section 654).) On January 3, 2024, Jones filed a motion to vacate his sentence, arguing that the stayed sentences were unauthorized because the trial court failed to impose any specific prison terms before ordering the terms stayed. The trial court denied the motion. This appeal followed. Jones has requested that we take judicial notice…