Filed 9/29/26 P. v. Jones CA2/8
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION EIGHT
THE PEOPLE, B348857
Plaintiff and Respondent, (Los Angeles County
Super. Ct. No. 24CJCF05676)
v.
PATRICK ARGUSTA JONES,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of
Los Angeles County. Michael Garcia, Judge. Affirmed.
John L. Staley, under appointment by the Court of Appeal,
for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
______________
This appeal arises from a judgment of conviction entered
following a plea agreement. Defendant and appellant Patrick
Argusta Jones was initially charged with one count of injuring a
spouse, cohabitant or girlfriend (Pen. Code, § 273.5, subd. (a);
count 1) and one count of contempt of court arising from the
violation of a protective order (§ 166, subd. (c)(1); count 2).
The People alleged defendant had suffered a previous domestic
violence conviction within the prior seven years, and had suffered
a prior qualifying strike conviction for kidnapping (§ 207).
At the preliminary hearing, the victim testified that in
August 2024, she and defendant went out to a club with some
relatives and friends. At some point during the evening,
defendant charged at her, grabbed her around the neck, and
choked her until she passed out. After she woke up, her relatives
drove her home. Defendant later arrived at her apartment and
let himself in with keys he still had in his possession. The victim
asked him to leave, but he refused. Defendant hit her repeatedly.
She testified she was in the hospital for a week due to the
injuries she received. The victim’s sister also testified to being at
the bar that evening and seeing defendant choke her sister.
After the presentation of evidence, the prosecutor moved to
dismiss count 2 under Penal Code section 1385, and to add
another domestic violence charge as count 3 (Pen. Code, § 273.5).
The court granted the motion and amended the felony complaint
accordingly. The court denied defendant’s oral motion to dismiss
for insufficient evidence.
Thereafter, the prosecutor filed an amended information
adding a count 4 for first degree residential burglary (Pen. Code,
§ 459) arising from the same August 2024 domestic violence
incidents that ended at the victim’s apartment. Defendant filed a
written motion to dismiss the new charge under Penal Code
section 995. At the hearing on defendant’s motion, the prosecutor
made an oral motion to add a new count 5 for kidnapping (§ 207),
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and a great bodily injury allegation as to counts 1 and 3
(§ 12022.7). The trial court granted the prosecutor’s oral motion
and allowed defendant to include those new allegations in his
argument on his motion. After hearing argument, the court
denied defendant’s motion to dismiss the new claims and
allegations.
On September 4, 2025, defendant agreed to the prosecutor’s
offer to resolve the case in a global disposition with an open
probation violation matter (case No. 24NWTR00080), and
another case pending in another court involving a felony violation
of Vehicle Code section 2800.4 (case No. 25IWCF00641).
The court accepted defendant’s waivers and found them to
have been knowingly and voluntarily given.
Defendant pled no contest in this case to felony domestic
violence (count 1), and admitted suffering a prior conviction for
domestic violence within the last seven years and a prior
qualifying strike conviction within the meaning of the “Three
Strikes” law. The plea was pursuant to People v. West (1970)
3 Cal.3d 595, and also included a waiver pursuant to People v.
Harvey (1979) 25 Cal.3d 754. Defendant also pled no contest to a
charge of felony fleeing in violation of Vehicle Code section 2800.4
in case No. 25IWCF00641, and admitted the prior strike
conviction.
Consistent with the plea agreement, the trial court
sentenced defendant to a term of eight years, calculated as
follows: a four-year middle term, doubled due to the prior strike,
plus a concurrent 32-month term (16-month low term doubled
due to the strike) on the felony fleeing in case No. 25IWCF00641.
The court terminated probation in case No. 24NWTR00080.
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The court did not impose fines and fees, finding defendant had no
ability to pay.
Defendant’s request for a certificate of probable cause to
appeal the denial of his motion to dismiss was granted. This
appeal followed.
We appointed appellate counsel to represent defendant.
Defendant’s appointed counsel filed a brief pursuant to People v.
Wende (1979) 25 Cal.3d 436 (Wende) in which no issues were
raised. The Wende brief included a declaration from counsel in
which he explains that he advised defendant he would be filing a
Wende brief, forwarded the brief and the record to defendant,
advised him of his right to file a supplemental brief and his right
to discharge him as his attorney. Counsel also states he remains
available to brief, upon request, any issues we may have
following our independent review of the case.
Defendant did not file a supplemental brief.
We have examined the record of proceedings submitted to
this court and are satisfied that appointed counsel fully complied
with his responsibilities. (People v. Kelly (2006) 40 Cal.4th 106;
Wende, supra, 25 Cal.3d 436.) We find no arguable appellate
issues.
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DISPOSITION
The judgment of conviction is affirmed.
VIRAMONTES, J.
WE CONCUR:
STRATTON, P. J.
SCHERB, J.
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