Fear Not Law Articles: P. v. Jones

P. v. Jones

Filed 2/22/07 P. v. Jones CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 ONE

THE PEOPLE,

Plaintiff and Respondent,

KENNETH DEWAYNE JONES,

Defendant and Appellant.

B190882

(Los Angeles County

Super. Ct. No. TA077113)

APPEAL from a judgment of the Superior Court of Los Angeles County, Tammy Chung Ryu, Judge. Affirmed.

William L. Heyman, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lawrence M. Daniels and Kathy S. Pomerantz, Deputy Attorneys General, for Plaintiff and Respondent.

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In December 2004, Kenneth Dewayne Jones entered an open no contest plea to one count of making criminal threats (Pen. Code, § 422), acknowledging as part of a plea agreement that the maximum â€

Description	In December 2004, Defendant entered an open no contest plea to one count of making criminal threats (Pen. Code, S 422), acknowledging as part of a plea agreement that the maximum "time in custody in [his] case [was] three years" (upper term), but that based on his open plea sentencing would be deferred for eight months, imposition of sentence would be suspended, probation would be granted with credit for the eight months served, and that if he violated any term of probation he "could be sent to state prison for up to the full three years." Jones waived his right to a jury trial, and probation was later granted in conformance with the agreement. Defendant violated the terms of probation and it was revoked in April 2006, at which time the trial court imposed the contemplated three-year state prison sentence. The judgment is affirmed.
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