P. v. Jones
A jury found defendant and appellant Earnest Lee Jones guilty of attempted voluntary manslaughter (Pen. Code,[1] 664 and 192, subd. (a), count 1), assault with a semi-automatic firearm upon four different individuals ( 245, subd. (b), counts 2, 4, 6, 7), attempted murder ( 664 and 187, count 3), and discharging a firearm at an occupied vehicle ( 246, count 5). The jury also found true various enhancement allegations as to each count. The trial court sentenced defendant to a determinate prison term of 17 years, plus an indeterminate term of 32 years to life.
Defendant filed his first appeal (People v. Ernest Lee Jones (Dec. 17, 2004, E034706 [nonpub. opn.] (E034706 opn.)) and contended the trial court failed to instruct the jury sua sponte with CALJIC No. 8.40, defining voluntary manslaughter. (E034706 opn. p. 4.) Court affirmed the judgment but agreed with the People that the court had improperly struck or stayed the imposition of an enhancement under section 12022.53, subdivision (d), on count 5. (E034706 opn. p. 12.) We thus remanded the matter for resentencing. (E034706 opn. p. 13.) On remand, the trial court imposed the section 12022.53, subdivision (d) enhancement on count 5.
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