People v. Jones CA5

INTRODUCTION

In 2010, a jury convicted petitioner Anthony Jones of the first degree murder of Deondre M.1 (Pen. Code, 2 § 187, subd. (a)) with the special circumstance petitioner intentionally killed the victim while petitioner was an active participant in a criminal street gang, and the murder was carried out to further the activities of the gang (§ 190.2, subd. (a)(22)). 3 (People v. Perkins, et al. (May 18, 2012, F060071 [nonpub. opn.] (Perkins).) For this offense, petitioner ultimately was sentenced to a term of 25 years to life pursuant to section 190.5. (People v. Jones (May 28, 2014, F066161 [nonpub. opn.] (Jones).) In 2019, petitioner filed a petition for resentencing pursuant to section 1170.95. The court summarily denied the petition at the prima facie stage on the ground petitioner was not convicted of felony murder or under a natural and probable consequences theory, and the jury’s special circumstance finding established petitioner acted with intent to kill. On appeal, petitioner contends the trial court erred in failing to issue an order to show cause because the record of conviction does not establish petitioner had the intent to kill. Petitioner further contends…