P. v. Jones
Filed 5/22/06 P. v. Jones CA2/7
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SEVEN
THE PEOPLE, Plaintiff and Respondent, v. PHILIP ANDRE JONES, Defendant and Appellant. | B178951 (Los Angeles County Super. Ct. No. SA037268) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Robert P. O'Neill, Judge. Affirmed as modified.
Victor Sherman and Jerald W. Newton for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Susan D. Martynec and Suzann E. Papagoda, Deputy Attorneys General, for Plaintiff and Respondent.
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Philip Andre Jones appeals from the judgment entered after a jury convicted him of second degree murder and attempted voluntary manslaughter. Jones contends the trial court erred by dismissing during jury deliberations the first degree charge and special-circumstance allegations on the murder count and by admitting as rebuttal evidence for the People the tape-recorded statement of his post-arrest interview with police detectives. With respect to his sentence, Jones challenges imposition of firearm-use enhancements on the murder count and asserts sentencing him to consecutive terms for the murder and attempted voluntary manslaughter offenses violated his right to a jury trial under Blakely v. Washington (2004) 542 U.S. 296 [124 S.Ct. 2531, 159 L.Ed.2d 403] (Blakely). We modify the judgment to strike the firearm-use enhancement imposed under Penal Code section 12022.5, subdivision (a),[1] on the murder count and, as modified, affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
1. The Charges
Jones was charged by information with one count of murder (§ 187, subd. (a)) and one count of attempted murder (§§ 664, 187, subd. (a)). Three special circumstances were alleged as to the murder count: the murder was intentional and carried out for financial gain (§ 190.2, subd. (a)(1)); Jones intentionally killed the victim by means of lying in wait (§ 190.2, subd. (a)(15)); and the murder was committed during the commission of a robbery (§ 190.2, subd. (a)(17)). Firearm-use enhancements were alleged under section 12022.5, subdivision (a), and section 12022.53, subdivisions (b), (c) and (d), as to both the murder and attempted murder counts. The information also alleged as to both counts that Jones had a prior serious or violent felony conviction for robbery that constituted a â€
