THE PEOPLE, Plaintiff and Respondent, v. ALIJONDRO JONES, Defendant and Appellant. (Cal. Ct. App., Dec. 23, 2022, No. A162634) 2022 WL 17884050, at *1
Summary: Jones appealed from an order denying his motion for resentencing under Penal Code section 1170.95 after he was convicted of first degree murder under a felony-murder theory. The court found him ineligible for relief because he was a major participant who acted with reckless indifference to human life. On appeal, Jones contends (1) the trial court was precluded from relying on evidence that he was the actual shooter because the jury found not true the allegations that he personally used a firearm; (2) insufficient evidence supports the trial court’s determination that he was a major participant who acted with reckless indifference to human life; (3) the trial court erred in not considering his youth as a factor in making that determination; and (4) defense counsel provided ineffective assistance by not raising the “collateral estoppel” argument and by not raising the issue of Jones’s youth after the court’s ruling. In a supplemental opening brief, Jones contends the order must be reversed due to a recent decision in this appellate district, People v. Cooper(2022) 77 Cal.App.5th 393 (Cooper).
Because the trial court’s ruling occurred before the decision in In re Moore (2021) 68 Cal.App.5th 434 (Moore), it cannot be presumed from the record that the trial court considered evidence of Jones’s youth, which Mooreheld to be “a relevant factor” in deciding whether a defendant was a major participant who acted with reckless indifference to human life. (Id. at p. 454, italics added.) The Court of Appeal remanded for the court’s consideration of all relevant factors consistent with prevailing law.