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The People v. Jarvonne Feredell Jones

August 28, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
JARVONNE FEREDELL JONES, DEFENDANT AND APPELLANT.



(Super. Ct. No. 08F04254)

The opinion of the court was delivered by: Duarte , J.

P. v. Jones CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

A jury convicted defendant Jarvonne Feredell Jones of three firearms offenses and the trial court found he had previously served a prison term. (Pen. Code,*fn1 §§ 12021, subd. (a)(1), 12025, subd. (b)(6), 12031, subd. (a)(2)(F), 667.5, subd. (b).) Defendant was sentenced to prison for four years, and he timely appealed.

Defendant contends the trial court should have stayed the sentences for two counts pursuant to section 654 and that the abstract reflects jail fees that were not orally pronounced at sentencing. The Attorney General partly conceded the former claim. After we ordered a stay of one count, the California Supreme Court granted review, held that two counts must be stayed, and remanded the matter for further proceedings. (People v. Jones (2012) 54 Cal.4th 350 (Jones).) We shall modify the sentence and otherwise affirm.

FACTS

"On May 26, 2008, police searched the car defendant, a convicted felon, was driving and found in a door panel a loaded .38-caliber revolver that was not registered to him. Defendant said he had bought the gun already loaded three days earlier 'for protection.' He explained that he had kept the gun at his grandmother's house and had 'just picked the gun up from there and that's why the gun was in the car.'" (Jones, supra, 54 Cal.4th at p. 352.)

DISCUSSION

I

Counts Two and Three Must be Stayed

Defendant was convicted of possession of a firearm by a felon (count one, § 12021, subd. (a)(1)), carrying a readily accessible concealed and unregistered firearm (count two, § 12025, subd. (b)(6)), and carrying an unregistered loaded

firearm in public (count three, § 12031, subd. (a)(2)(F)).

The trial court imposed the upper term of three years on each count, ordered counts two and three to be served concurrently, and added a year for defendant's prior prison term, for a total unstayed prison term of four years. Jones held the sentences on two counts must be stayed (ยง 654). (Jones, supra, 54 Cal.4th at pp. 359-360.) Accordingly, we modify the ...


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