P. v. Jones































Filed 9/8/10 P. v. Jones CA4/2













NOT TO BE PUBLISHED IN OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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 >



FOURTH APPELLATE DISTRICT



DIVISION TWO






>

THE PEOPLE, Plaintiff and Respondent, v. LEONARD DELAWRENCE JONES, Defendant and Appellant.

E048937 (Super.Ct.No. RIF132715) OPINION

APPEAL
from the Superior Court
of Riverside
County. Robert E. Law,
Judge. (Retired Judge of the former Mun.
Ct. for the Orange
Jud. Dist. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal.
Const.) Affirmed.

Allison
K. Simkin, under appointment by the Court of Appeal, for Defendant and
Appellant.

Edmund
G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney
General, Gary W. Schons, Assistant Attorney General, Rhonda
Cartwright-Ladendorf and Scott C. Taylor, Deputy Attorneys General, for Plaintiff
and Respondent.

Defendant
and appellant Leonard Delawrence Jones contends his jury conviction should be
reversed because the trial court prejudicially erred by failing to instruct the
jury he could not be found guilty of attempted murder or voluntary manslaughter if he fired a gun
in defense of others. We affirm.

FACTUAL
AND PROCEDURAL BACKGROUND

Defendant
was charged as follows: count 1,
attempted murder (Pen. Code, §§ 664, 187)^[1] with intentional discharge of a firearm
causing great bodily injury to the victim (§ 12022.53, subd. (d));
count 2, assault with a firearm (§
245, subd. (a)(2)) with personal use of a firearm (§ 12022.5,
subd. (a)) causing great bodily injury (§ 12022.7, subd. (b));
and count 3, unlawful possession of a firearm by a felon (§ 12021,
subd. (a)(1)).

On
October 4, 2006, the victim
and his two friends drove to an apartment complex to collect some money. When they arrived at the apartment complex,
the victim saw some people outside arguing.
The victim got out of his car.
According to the victim, defendant was in the middle of the commotion
and people were pushing one another. The
victim pushed defendant's shoulder. The
next thing he recalled was hearing a gunshot.
He did not realize he had been shot until he got back into the car. The two friends who were with the victim both
identified defendant as the shooter.

Defendant
testified there was a lot of drugs, gang activity and shootings in the
apartment complex where he lived. On the
date in question, he was at home with his pregnant girlfriend and his
one-year-old son when he heard a commotion outside his apartment. When he looked outside through the window, he
saw three cars â€