P. v. Jones
Triyon Jones, Anthony Junnie Zelaya, and Angelo Jeffrey Roberts (collectively, appellants) appeal from their respective judgments entered following a jury trial.[1] Appellants were convicted of murder (Pen. Code 187, subd. (a); count 1); attempted carjacking (664/215, subd. (a); count 2); attempted second degree robbery (664/211; count 3); unlawful taking of vehicle (Veh. Code 10851, subd. (a); counts 4, 8, 9); and second degree robbery (211; counts 5, 6). In addition, Zelaya was convicted of cocaine possession (Health & Saf. Code 11350, subd. (a); count 12), and Roberts was convicted of being a felon in possession of a firearm (12021, subd. (a)(1); count 7); willfully evading an officer (Veh. Code 2800.2, subd. (a)(1); count 10); and possession for sale of cocaine base (Health & Saf. Code 11351.5; count 11).
Based on our review of the record and applicable law, Court conclude that various sentencing errors occurred and Court order the clerk of the superior court to correct those errors that may be modified on appeal as described herein and remand for the trial court to exercise its discretion regarding the imposition of gang enhancements. Court remand the matters with directions that the trial court resentence appellants in accordance with the views expressed in this opinion. In all other respects, Court affirm the judgments.
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