California v. JonesAnnotate this Case
Defendant Cornelius Jones appealed his conviction of attempted premeditated murder, assault with a deadly weapon, and assault likely to produce great bodily injury. He argued on appeal: (1) the trial court erred by ruling the prosecution did not unconstitutionally excuse the sole potential African-American juror on the basis of race; (2) insufficient evidence supported the jury s finding he attempted to kill willfully, deliberately, and with premeditation; (3) the court imposed an unauthorized sentence; and (4) the court committed other sentencing and clerical errors. The California Supreme Court directed the Court of Appeal to vacate our earlier opinion in this matter and reconsider the cause in light of Senate Bill No. 1393 (Stats. 2018, ch. 1013) (SB 1393). Thus, defendant also contended: (5) the Court of Appeal should remand to allow the trial court to exercise its new discretion under SB 1393 to strike two five-year enhancements imposed for a serious felony prior. Except to remand to correct the sentencing and clerical errors, but not to reconsider the felony prior enhancements, the Court of Appeal affirmed the judgment.