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Filed 9/15/23 P. v. Jones CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for 

publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication 

or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Yuba)

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THE PEOPLE,

Plaintiff and Respondent,

v.

SHANNON LYNN JONES, JR.,

Defendant and Appellant.

C097440

(Super. Ct. No. CRF22-1315)

Appointed counsel for defendant Shannon Lynn Jones, Jr., asked this court to 

review the record and determine whether there are any arguable issues on appeal. 

(People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a 

disposition more favorable to defendant, we will affirm the judgment.

FACTS AND HISTORY OF THE PROCEEDINGS

We provide the following description of the facts and procedural history of the 

case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
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On June 26, 2022, defendant, D.P., D.P.’s boyfriend, and D.P.’s friend were 

drinking alcohol together at D.P.’s house. At 9:00 p.m., D.P.’s boyfriend went to bed and 

her friend went home, leaving D.P. alone with defendant. They went into the backyard 

and, when D.P. told defendant she was going to bed and he had to leave, defendant grew 

angry, grabbed D.P.’s wrist, pulled her towards him, and then placed his hands on D.P.’s 

shoulders. D.P. told defendant to let her go and attempted to push him off of her. 

Defendant grabbed D.P. by the neck and squeezed, making it difficult for her to breathe. 

D.P. struck defendant’s face and defendant punched her in the eye. D.P. stumbled 

backwards and turned around and defendant grabbed her by the back of the neck and 

shoved her up against a wall. With one hand, defendant pressed D.P.’s face into the wall,

and with his other hand, he pulled her shorts down to her ankles. D.P. told defendant 

repeatedly to get off of her. Defendant penetrated D.P.’s vagina with his penis. D.P. tried 

to pull away, but defendant continued to push her face into the wall. Defendant 

continued to have intercourse with D.P. as he choked her. He only stopped when D.P.’s 

son came outside, defendant saw him, defendant let go of D.P., and D.P. ran inside and 

locked herself in a bathroom. 

The prosecution filed a felony complaint charging defendant with forcible rape 

(Pen. Code, § 261, subd. (a)(2); count I), assault by means of force likely to produce great 

bodily injury (Pen. Code, § 245, subd. (a)(4); count II), and false imprisonment by 

violence (Pen. Code, § 236; count III). 

Defendant pleaded no contest to counts I, forcible rape, and II, assault by means of 

force likely to produce great bodily injury. The parties stipulated that the pre-trial release 

report provided the factual basis for the plea. The trial court sentenced defendant to the 

stipulated term of four years consisting of the low term of three years on count I and one 

year, one-third the middle term, on count II, with the sentences to run consecutively;

determined defendant was entitled to 92 total days credit for time served consisting of 80 
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actual days and 12 local conduct days; and imposed fines, fees, and assessments. The 

court dismissed count III. 

DISCUSSION

Appointed counsel filed an opening brief setting forth the facts of the case and 

asking this court to review the record and determine whether there are any arguable 

issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Counsel advised defendant

of the right to file a supplemental brief within 30 days of the date of filing the opening 

brief. More than 30 days elapsed and we received no communication from defendant.

Finding no arguable error that would result in a disposition more favorable to 

defendant, we will affirm the judgment.

DISPOSITION

The judgment is affirmed. 

 

HULL, J.

We concur:

 

EARL, P. J.

 

ROBIE, J.