People v. Jones CA4/2

INTRODUCTION

A jury found defendant and appellant Earnest Lee Jones guilty of attempted

voluntary manslaughter (Pen. Code,1 §§ 664, 192, subd. (a), count 1), assault with a

semiautomatic firearm upon four different individuals (§ 245, subd. (b), counts 2, 4, 6 &

7), attempted murder (§§ 664, 187, count 3), and discharging a firearm at an occupied

vehicle (§ 246, count 5). The jury also found true firearm and great bodily injury

allegations as to the various counts (§§ 12022.53, subd. (d), 12022.5, subd. (a)(1) &

1192.7, subd. (c)(8).) (People v. Jones (Dec. 17, 2004, E034706) [nonpub. opn.])2 The

trial court sentenced defendant to an indeterminate term of 32 years to life, plus a

determinate prison term of 17 years. The case was remanded on three occasions for

resentencing, following three prior appeals.

This fourth appeal arises from a resentencing hearing that was conducted after this

court remanded for resentencing, directing the trial court to sentence defendant to the

middle term of six years on count 6 and to stay the sentence and enhancement on count 4

pursuant to section 654. (People v. Jones, supra, E073637.) Defendant now contends

that the trial court…