P. v. Jones
A jury convicted defendant William J. Jones of assault with a firearm and carjacking (Pen. Code, 245, subd. (a)(2) & 215, subd. (a)),[1] and found true allegations that he personally used a firearm ( 12022.5 & 12022.53, subd. (b)). The jury acquitted defendant of attempted kidnapping ( 664/207, subd. (a)). It deadlocked on the charge of attempted willful, deliberate, and premeditated murder ( 664/187), and the trial court declared a mistrial on that count. Later, defendant pled no contest to attempted murder (unpremeditated) and admitted using a firearm in the crime ( 12022.53, subd. (c)). The court sentenced him to a total term of 25 years in state prison. Defendant appeals from the judgment of conviction. His sole contention is that the court erred in imposing a $20 DNA penalty assessment. Respondent concedes the issue, and Court agree.



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