P. v. Jones CA3
On July 1, 2016, defendant Jimmy Lee Jones filed a motion seeking resentencing of his 2008 convictions and requesting appointment of counsel. Defendant’s convictions were for assault with a firearm and shooting at an occupied vehicle, with findings he was personally armed and discharged a firearm and committed the offenses for the benefit of or in association with a criminal street gang, and for unlawful possession of a firearm. (People v. Deloney (Aug. 4, 2011, C060503) [nonpub. opn.], pp. 1-3.) As authority for his motion, defendant cited Johnson v. United States (2015) ___ U.S. ___ [192 L.Ed.2d 569], which held that the residual clause of the Armed Career Criminal Act (18 U.S.C. § 924(e)(2)(B)), defining the statutory term “violent felony” as a crime that “otherwise involves conduct that presents a serious potential risk of physical injury to another,” was void for vagueness. Defendant purports to appeal from the trial court’s denial of his motion.
Counsel was a
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