Jones

People v. Jones

Good Law
243 Cal. Rptr. 3d 722·32 Cal. App. 5th 267
Court of Appeal of CaliforniaJanuary 28, 2019C078623California2,648 words

Opinion

Lead Opinion

Hull, J.

*269 Defendant Cornelius L. Jones appeals from his conviction of attempted premeditated murder, assault with a deadly weapon, and assault likely to produce great bodily injury. He contends (1) the trial court erred by ruling the prosecution did not unconstitutionally excuse the sole potential African-American juror on the basis of race; (2) insufficient evidence supports the jury's finding he attempted to kill willfully, deliberately, and with premeditation; (3) the court imposed an unauthorized sentence; and (4) the court committed other sentencing and clerical errors.

The California Supreme Court directed us to vacate our earlier opinion in this matter and reconsider the cause in light of *724 Senate Bill No. 1393 (Stats. 2018, ch. 1013) (SB 1393). Thus, defendant also contends (5) we should remand to allow the trial court to exercise its new discretion under SB 1393 to strike two five-year enhancements imposed for a serious felony prior.

Except to remand to correct the sentencing and clerical errors, but not to reconsider the felony prior enhancements, we affirm the judgment.

FACTS

Daniel Petty was the bartender and closing manager at a bar in Sacramento. In the late night…

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