People v. Jones CA4/1

STATEMENT OF FACTS

This appeal is from guilty pleas. Examination of the specific nature of the facts of

each offense is not necessary to the resolution of the issues on this appeal. It is sufficient

to include the statement from the change of plea form:

"Unlawfully and by means of force and fear took personal property of another while using a deadly weapon, to wit a knife X 7, and attempted to take property by means of force or fear while personally armed with a knife X 2 and resisted arrest by using force and violence and I have a strike prior and was out on bail for counts 9 & 10."

DISCUSSION

Jones challenges his sentence on two separate, but related grounds. First, he

contends the trial court abused its discretion in denying his motion to strike the

serious/violent felony prior. Second, Jones essentially contends the trial judge did not

know he had discretion to sentence two of the counts concurrently, thus we should

remand for resentencing to permit the court to properly exercise its discretion.

Our review of this record clearly demonstrates the trial court was fully aware of its

sentencing discretion. It is also clear the court acted well within its…