California Court of Appeal

In this case, defendants Abernathy, Jones, and Jordan were found guilty of first degree murder, two counts of robbery, shooting at an occupied motor vehicle, and unlawfully taking and driving a vehicle. The jury also found Abernathy guilty of an additional count of robbery, and made true findings that Abernathy personally used a firearm during the robberies, the murder, and the shooting at an occupied vehicle incidents. The trial court sentenced Jones and Jordan to a term of 25-to-life and Abernathy to a term of 50-to-life. The judgment is modified as to Abernathy and Jordan to award an additional day of presentness custody credit, and an order is issued to correct the abstract of judgment so as to accurately reflect that Jones' sentence on the shooting count is stayed, but is affirmed in all other respects, where: 1) although the trial court erred in failing to instruct with the escape rule for felony murder, the error was not prejudicial; 2) sufficient evidence supports Abernathy's and Jones' conviction for unlawfully taking or driving a vehicle; 3) the sentences do not constitute cruel and unusual punishment; 4) a clerical error in Jones' abstract of judgment must be corrected to properly reflect his stayed sentence on one count; and 5) the trial court incorrectly calculated the applicable presentness custody credit and the court has authority on appeal to amend the judgment to award the correct amount.

Appellate Information

• Decided 03/16/2015
• Published 03/16/2015

Judges

• Irion

Court

• California Court of Appeal

Counsel