Jones

People v. Jones

Good Law
1994 Cal. App. LEXIS 534·24 Cal. App. 4th 1780·30 Cal. Rptr. 2d 238·94 Daily Journal DAR 7361·94 Cal. Daily Op. Serv. 4015
Court of Appeal of CaliforniaMay 19, 1994F019656California1,835 words

Opinion

Opinion

Vartabedian, J.

Douglas Bruce Jones appeals the sentence imposed for involuntary manslaughter on remand after his previous appeal. He challenges the trial court’s denial of probation and its imposition of the middle prison term and a greater restitution fine than previously imposed. Our published discussion concerns only the fine issue. Other than to modify the restitution fine, we affirm.

Facts and Proceedings

John Miller was appellant’s former employer. The two men had a misunderstanding about money. Appellant, who had been drinking, called Miller about the dispute, and the two men argued. Miller told appellant to come to Miller’s place of business to settle the matter.

Appellant armed himself with a pistol and called his former wife to say he loved his daughters “no matter what happen[s] to him.” He called his present wife at work, sounding upset. He started for Miller’s, but then waited until other employees had left before entering through the rear door.

After appellant entered the building, the two men fought. Miller ended up on top of appellant. Appellant recalled Miller was skilled in martial arts and previously had told appellant he did not end a fight until the opponent was…

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