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People v. Marcell Jones
People v. Marcell Jones
02/19/06

Filed 12/22/05 P

Filed 12/22/05 P. v. Jones CA2/1

 

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

 

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

 

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

 

SECOND APPELLATE DISTRICT

 

DIVISION ONE

 

 

THE PEOPLE,

 

Plaintiff and Respondent,

 

v.

 

MARCELL JONES,

 

Defendant and Appellant.

 

B180799

 

(Los Angeles County

Super. Ct. No. TA072443)

 

 

APPEAL from a judgment of the Superior Court of Los Angeles County, Allen J. Webster, Jr., Judge. Affirmed as modified and remanded with directions.

 

Cynthia A. Thomas, under appointment by the Court of Appeal, for Defendant and Appellant.

 

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Mary Sanchez, Supervising Deputy Attorney General, and Michael A. Katz, Deputy Attorney General, for Plaintiff and Respondent.

 

__________________________________

 

Marcell Jones was convicted of attempted murder, with true findings on allegations that he committed the crime to benefit a criminal street gang and personally used a firearm, personally discharged a firearm, and personally discharged a firearm causing great bodily injury. (Pen. Code, §§ 664, 187, 186.22, subd. (b)(1), 12022.53, subds. (b), (c), (d).)[1] He was sentenced to prison for life, plus a consecutive term of 25 years to life for the firearm with great bodily injury enhancement, plus a consecutive 10-year term for the gang benefit enhancement. Jones appeals, claiming there were evidentiary, instructional, and sentencing errors. We strike the gang enhancement sentence and, as modified, affirm the judgment.

 

FACTS

A.

In about May 2002, Daniel Levao (the victim, a former member of the Carson West Side Piru Bloods gang) moved into a house on South Corlett Avenue in Compton, a neighborhood within the â€

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