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People v. Jones

California Court of Appeals, Fifth District

October 6, 2014

THE PEOPLE, Plaintiff and Respondent,
v.
VEDGREN DEPATRICK JONES, Defendant and Appellant.

[CERTIFIED FOR PARTIAL PUBLICATION [*]]

APPEAL from a judgment of the Superior Court of Fresno County No. F11904306. Wayne R. Ellison, Judge.

Page 374

[Copyrighted Material Omitted]

Page 375

COUNSEL

Athena Shudde, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Wanda Hill Rouzan, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

DETJEN, J.

INTRODUCTION

Vedgren Depatrick Jones (defendant) stands convicted, following a jury trial, of first degree murder (Pen. Code, [1] § 187, subd. (a); count 1) and second degree robbery (§ 211; count 2). He was sentenced to a total unstayed term of 25 years to life in prison, and ordered to pay restitution and various fees, fines, and assessments. In the published portion of this opinion, we hold that a verdict finding defendant “[g]uilty of violation of section 187(a) of the Penal Code, a felony, first degree murder …, as charged in … the information” (boldface & some capitalization omitted) satisfies the requirement that the jury expressly find the degree of the crime even though the information charged generic murder without specifying the degree. In the unpublished portion of this opinion, we conclude the trial court did not abuse its discretion when it did not suspend jury deliberations. Accordingly, we affirm the judgment.

FACTS

I, II [*]


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