People v. Jones CA5
Opinion
Opinion
INTRODUCTION
In 1993, a jury found petitioner Charles Jones guilty of first degree murder (Pen. Code,1 § 187; count one), with the special circumstance that the murder was committed during the commission of a robbery (§ 190.2, subd. (a)(17)).2 For this offense, petitioner was sentenced to a term of life without the possibility of parole. In 2019, petitioner filed a petition for resentencing pursuant to Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Sen. Bill No. 1437) and newly enacted section 1170.95. The trial court dismissed the petition on the ground that Senate Bill No. 1437 is unconstitutional. On appeal, petitioner contends Senate Bill No. 1437 is constitutional and the trial court therefore erred in dismissing the petition. We agree. Accordingly, we reverse the order dismissing the petition and remand for further proceedings.
PROCEDURAL BACKGROUND3
On June 25, 1992, the Fresno County District Attorney filed an information charging petitioner with the murder (§ 187; count one) and robbery (§§ 211, 212.5, former subd. (b); count two) of Abdo Ahmed Ali. As to both counts, the People alleged petitioner personally used a firearm within the meaning of section 12022.5,…