# People v. Jones

> California Court of Appeal · March 31, 1995 · 33 Cal. App. 4th 1087

URL: https://www.frixlaw.com/law-library/cases/9747144

## Case

- **Full name:** The PEOPLE, Plaintiff and Respondent, v. KIMBERLY JANICE JONES, Defendant and Appellant
- **Court:** California Court of Appeal
- **Decided:** March 31, 1995
- **Citations:** 33 Cal. App. 4th 1087; 39 Cal. Rptr. 2d 530; 95 Daily Journal DAR 4119; 95 Cal. Daily Op. Serv. 2424; 1995 Cal. App. LEXIS 309
- **Precedential status:** Published
- **Opinion:** Dissent by Premo
- **Judges:** Bamattre-Manoukian
- **Cited by:** 21 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9747144

## Opinion text

*1095 PREMO, Acting P. J.
I respectfully dissent. The trial court herein rendered an invalid sentence. Rectifying this mistake does not affect defendant’s no contest plea. It does not impose a burden on judicial resources to correct the error, in my opinion.
The majority opinion, however, though understandably concerned about the statutory scheme of Penal Code section 1237.5, nonetheless perpetuate the mistake of the trial court by dismissing this appeal. The defendant is thus left to proceed by petition for writ of habeas corpus which will duplicate this entire appellate process.
I believe this case is amenable to the same analysis as People v. Flores * (CaLApp.).
Appellant’s petition for review by the Supreme Court was denied June 28, 1995.
Rehearing granted April 12, 1995. Opinion (H012232) filed May 22, 1995, not for publication.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9747144. Public record. Not legal advice.