California v. JonesAnnotate this Case
Defendant Eddie Ray Jones, Jr., kidnapped a grandmother, F., and her two-year- old granddaughter, E., while carjacking F.’s car in a restaurant parking lot. At defendant’s direction, F. drove him to a few locations. Eventually, defendant took over driving, parked the car, and forced F. to orally copulate him. At the beginning of this ordeal, defendant took F.’s cell phone so she could not call the police. After the oral copulation, defendant drove to another location, where he took money from F. and then allowed her to leave on foot with her granddaughter as defendant drove away in her car. Defendant would ultimately be convicted by jury of two counts of kidnapping during a carjacking, two counts of robbery, and one count of forcible oral copulation. With respect to each count, the jury also found defendant personally used a firearm in the commission of the offense. The trial court sentenced defendant to serve an aggregate determinate prison term of 33 years plus a consecutive indeterminate term of 32 years to life. On appeal, defendant contended: (1) the evidence was insufficient to support the enhancement for personal use of a firearm attached to the first robbery count, involving the taking of F.’s cell phone, because that robbery was complete before defendant displayed the gun in a menacing fashion; (2) the single larceny doctrine precluded defendant from being convicted of two robberies based on a single course of conduct; (3) the trial court violated Penal Code section 654 by imposing concurrent sentences for both robbery convictions; and (4) the abstract of judgment must be corrected. The Court of Appeal determined the abstract of judgment had be corrected. The Court affirmed in all other respects.