Jones

I. INTRODUCTION

This is our second review of two 2006 Lake County Superior Court drug cases against Charles Thomas Jones. In the first case (No. CR908439), Jones was found guilty upon his “slow plea” 1 of transporting methamphetamine (Health & Saf. Code, § 11379, subd. (a)), one of three charges, with strike and prison-term enhancements found true. In the second case (No. CR908705), Jones entered a negotiated guilty plea to possessing methamphetamine (id., § 11377, subd. (a)) and misdemeanor possession of tear gas (Pen. Code, § 12420), two among 10 counts, plus admitted enhancements. At consolidated sentencing, Jones received a total prison term of 10 years four months.

Jones previously appealed in both cases (People v. Jones (Sept. 30, 2008, A119995) [nonpub. opn.]). We vacated the judgments in part, holding that the court erred in refusing to hear a motion alleging ineffective assistance of counsel affecting the result of the first motion to suppress. Our remand directions were that the court take evidence on the renewed claim. If it found ineffective assistance, it would rehear the suppression motion and, if suppression was warranted, set a retrial of the first case…

I respectfully dissent. I do so because the majority essentially overlooks the relevant standards for our review of a fact-based decision such as that rendered by the trial court in this matter and, additionally, disregards the substantial evidence—both testimonial and photographic—supporting the trial court’s ruling that there was no ineffective assistance of counsel.

A. The majority effectively ignores the relevant standard of review

To me, the most notable feature of the majority’s opinion is that it effectively gives only lip service, rather than adherence, to the applicable substantial evidence standard of review. That standard in a case such as this is whether—after our 2008 remand to the Lake County Superior Court—that court correctly ruled, after two days of receiving evidence in 2009, 1 that there was no ineffective assistance of counsel in the course of its prior hearings on appellant’s motion to suppress. As abundant authority makes clear, such a ruling must be affirmed by an appellate court if the factual bases are supported by substantial evidence.

There are two parallel lines of authority regarding an appellate court’s review of a lower court’s finding of no…

This is our second review of two 2006 Lake County Superior Court drug cases against Charles Thomas Jones. In the first case (No. CR908439), Jones was found guilty upon his "slow plea" [1] of transporting methamphetamine (Health & Saf. Code, § 11379, subd. (a)), one of three charges, with strike and prison-term enhancements found true. In the second case (No. CR908705), Jones entered a negotiated guilty plea to possessing methamphetamine ( id., § 11377, subd. (a)) and misdemeanor possession of tear gas (Pen. Code, § 12420), two among 10 counts, plus admitted enhancements. At consolidated sentencing, Jones received a total prison term of 10 years four months.

Jones previously appealed in both cases ( People v. Jones (Sept. 30, 2008, A119995) [nonpub. opn.]). We vacated the judgments in part, holding that the court erred in refusing to hear a motion alleging ineffective assistance of counsel affecting the result of the first motion to suppress. Our remand directions were that the court take evidence on the renewed claim. If it found ineffective assistance, it would rehear the suppression motion and, if suppression were warranted, set a retrial of the first case and a…