People v. Jones
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Based on a 2013 shooting, Jones was convicted of attempted murder and related charges and enhancements and was sentenced to 59 years in prison. The court of appeal upheld his convictions, first rejecting a due process challenge to a jury instruction that listed 14 factors jurors should consider when evaluating eyewitness identification evidence, including: “How certain was the witness when he or she made an identification? The court also upheld the denial of his pretrial “Pitchess” motion for discovery of information in police personnel records; the motion alleged intentional suggestiveness in the photo lineup procedures by two officers.
Noting the Attorney General's agreement, the court remanded for resentencing. Jones, whose convictions are not final, is entitled to retroactive application of changes effected by Senate Bill 567, providing that, when a sentencing court chooses a term from a statutory triad, the chosen term shall not exceed the middle term, unless the facts supporting the aggravating circumstances are established by the defendant’s stipulation, proven beyond a reasonable doubt, or based on prior convictions, and Assembly Bill 518, which provides: “An act or omission that is punishable in different ways by different provisions of law may be punished under either of such provisions, but in no case ... under more than one provision.”
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