P. v. Jones
P. v. Jones
Filed 10/24/08 P. v. Jones CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
THE PEOPLE,
Plaintiff and Respondent,
v.
KENNETH JONES, JR.,
Defendant and Appellant. |
F055427
(Super. Ct. No. F07902047)
O P I N I O N |
THE COURT*
APPEAL from a judgment of the Superior Court of Fresno County. W. Kent Hamlin, Judge.
Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, and Charles A. French, Deputy Attorney General, for Plaintiff and Respondent.
-ooOoo-
Appellant Kenneth Jones, Jr. was charged by a second amended information filed September 6, 2007, with shooting at an occupied motor vehicle (Pen. Code, 246; count 1),[1]assault with a firearm ( 245, subd. (a)(2); count 2), first degree burglary ( 459, 460, subd. (a); count 3), possession of a firearm by a convicted felon ( 12021, subd. (a)(1); count 4), assault by means of force likely to produce great bodily injury ( 245, subd. (a)(1); count 5), shooting from a motor vehicle at a person not an occupant of a motor vehicle ( 12034, subd. (c); count 8) and shooting from a vehicle ( 12034, subd. (d); count 9). The second amended information also contained allegations that appellant personally used a firearm ( 12022.5, subd. (a)(1)) in committing the count 2 assault; caused great bodily injury by discharging a firearm ( 12022.53, subd. (d)) in committing each of the count 1, 8 and 9 offenses; and served three separate prison terms for prior felony convictions ( 667.5, subd. (b)).
On February 1, 2008, appellant, pursuant to a plea agreement, pled no contest to count 2 and admitted the accompanying firearm-use enhancement. On April 14, 2008, the court dismissed the remaining charged offenses and enhancements and imposed a prison term of six years, consisting of the two-year lower term on the substantive offense and the four-year midterm on the firearm-use enhancement. The court did not issue a certificate of probable cause.
Appellants appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record. (Peoplev.Wende (1979) 25 Cal.3d. 436.) Appellant has not responded to this courts invitation to submit additional briefing. We will affirm.
FACTS[2]
On February 14, 2007, five male subjects, including appellant, broke into a residence and awakened one of the persons living there (Victim No. 1). The intruders, some of whom were relatives of Victim No. 1s girlfriend, were angry at Victim No. 1 because he had been caught with another woman. The intruders attacked Victim No. 1, and when his roommate (Victim No. 2) attempted to come to his aid, they also attacked him. Victim No. 1 suffered a laceration and several [other] visible injuries . Thereafter, appellant and the other assailants left the residence and drove away in a white Chevrolet Suburban.
The two victims left the residence, but later returned. As they were sitting in a vehicle parked in the driveway, the white Suburban approached and slowed down, at which point appellant, who was sitting in the front passenger seat, pointed a rifle at the victims and began shooting. Victim No. 1 one was struck in the leg; Victim No. 2 was not hit.
DISCUSSION
Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist.
The judgment is affirmed.
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*Before Vartabedian, Acting P.J., Wiseman, J., and Levy, J.
[1] All statutory references are to the Penal Code.
[2] Our factual statement is taken from the report of the probation officer, which contains a factual summary based on a Fresno Police Department crime report.
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