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People v. Jones

Filed 7/20/17 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) S075725 v. ) ) Los Angeles County KIONGOZI JONES, ) Super. Ct. No. NA031990-01 ) Defendant and Appellant. ) ____________________________________) A jury found defendant Kiongozi Jones guilty of two counts of first degree murder (Pen. Code, §§ 187, subd. (a), 189),1 one count of attempted murder (§§ 187, subd. (a), 664), one count of assault with a firearm (§ 245, subd. (a)(2)), and one count of shooting at an inhabited dwelling (§ 246). The jury found true allegations that defendant had personally used a firearm (all counts; §§ 1203.06, subd. (a)(1), 12022.5, subd. (a)); that the attempted murder had been willful, deliberate, and premeditated (§§ 189, 664, subd. (a)); that defendant, in committing attempted murder, had personally inflicted great bodily injury upon a human being (§ 12022.7, subd. (a)); and that defendant had previously been convicted of robbery (all counts; §§ 211, 667, subd. (a)(1), 667.5, subd. (b)). The jury also found true the special circumstance allegation that defendant had been convicted of multiple murders in the same proceeding. (§ 190.2, subd. (a)(3).) 1 Further undesignated statutory references are to the Penal Code. 1 The jury fixed the penalty at death. This appeal is automatic. (§ 1239, subd. (b).) We affirm the judgment. I. BACKGROUND In the span of a few minutes on the evening of December 6, 1996, four people — Mario Lopez, his sister Veronica Munguia, Angel Villa, and Nery Hernandez — were shot in the vicinity of an apartment building located at 1700 Pacific Avenue, in Long Beach. Lopez was shot twice outside of the ground-floor apartment where Munguia and another sister lived. Munguia was hit in the knee by a bullet that entered the apartment. Villa was riding a bicycle near the intersection of 16th Street and the alley behind the apartment building, when a man grabbed him by the neck and shot him in the head. The shooter then proceeded in the direction of Pine Avenue, where a car was backing out of a driveway. The shooter approached the car and shot the driver, Hernandez, in the chest. Lopez and Villa died, but Munguia and Hernandez survived. Two police officers received a call regarding the shooting at 1700 Pacific Avenue and were told that two male African-American suspects were seen running toward Pine Avenue. The officers stopped by 1708 Pine Avenue, which was near the crime scene and was a known hangout for members of the Crips gang. The officers spoke to defendant and Melvin Sherman, among others. A few days later, the police arrested defendant and Sherman, and the prosecution charged them with crimes pertaining to these events. A. Defendant’s First Trial Defendant and Sherman were initially charged jointly with two counts of murder (Lopez and Villa) and two counts of attempted murder (Munguia and Hernandez). Lengthy pretrial proceedings not relevant to the issues presented on appeal resulted in dismissal of these charges. Defendant was then charged …
Original document
Source: California Supreme Court