People v. Jones CA6

STATEMENT OF THE CASE

A jury convicted defendant Tommy Augmon Jones of attempted murder (Pen. Code, §§ 664/187) and assault with a firearm (Pen. Code, § 245, subd. (a)(2)). The jury found the following allegations to be true: defendant personally and intentionally discharged a firearm causing great bodily injury during the commission of the attempted murder (Pen. Code, § 12022.53, subd. (d)), defendant personally inflicted great bodily injury during the commission of the attempted murder (Pen. Code, § 12022.7, subd. (a)), defendant personally used a handgun during the commission of the assault with a firearm (Pen. Code, § 12022.5, subd. (a)), and defendant personally inflicted great bodily injury during the commission of the assault with a firearm (Pen. Code, § 12022.7, subd. (a)). The jury found not true an allegation that the attempted murder was premeditated. The jury acquitted defendant of a second count of assault with a firearm. The trial court sentenced defendant to a total prison term of 30 years to life, as follows: the low term of five years for the attempted murder and a consecutive term of 25 years to life for the Penal Code section 12022.53, subdivision (d)…