People v. Jones CA2/3

INTRODUCTION

A jury found Johnny Jones guilty of first degree murder with special circumstances. Jones was sentenced to an indeterminate term of life without the possibility of parole. A different panel of this court affirmed the judgment in 1996. (People v. Johnny Jones IV (Dec. 11, 1996, B090399) [nonpub. opn.] (Jones I).) In this appeal, Jones challenges the trial court’s 2021 order denying his petition for resentencing under Penal Code1 section 1170.95. We affirm.

BACKGROUND2

Emigdio Garcia was a street vendor. He sold pork skins, sodas, peanuts, fruit, and toys from a handcart he pushed on the streets. Garcia carried a knife that he used in his business, to cut string and fruit. The knife had a handle that made it look like a gun. At about 11:00 a.m. on Monday, March 23, 1993, Garcia was walking down Central, near 108th, heading towards a hamburger stand. Garcia stopped for a red light then crossed the street. Garcia noticed a group of people, including a woman and two men, standing across from the hamburger stand. One of the men was Jones. Garcia heard the woman’s voice say something like, “Go to stealing.” As Garcia continued to push his cart down the street, he heard…