P. v. Jones CA2/5
In 1998, the Los Angeles County District Attorney charged defendant Earvin Jones (defendant) with (1) attempted willful, deliberate, premeditated murder (Pen. Code, §§ 664, 187(a)), (2) conspiracy (§ 182(a)(1)), and (3) possession of a firearm after sustaining two prior convictions (§ 12021(a)(1)). The charges were predicated on evidence that defendant was one of two men who drove up to a house, got out of a car, and started shooting at a man who had been standing in front of the house. During the car chase that followed the shooting, police officers observed three guns being tossed from the car.
The charges were tried to a jury, which found defendant guilty of the felon in possession of a firearm charge but did not reach a verdict on the attempted murder or the conspiracy charges (those were later dismissed). Defendant waived his right to have the jury determine the truth of associated allegations that he had sustained two prior felony convictions within the meaning of the
Comments on P. v. Jones CA2/5