PEOPLE v. JONES (KIONGOZI)Appellant’s Letter BriefCal.May 19, 2017P i t t i State of California S (~) \7 EdmundG. BrownJr., Governorto #H Office of the State Public Defender 770 L St., Suite 1000 Teephone0193222616OUPREME COURT COPYFax: (916) 327-0459 May 18, 2017 § Jorge E. Navarrete, Clerk BieCoup Supreme Court of the State of California L E D r 350 McAllister Street May I . San Francisco, CA 94102 9 2017 Re: People v. Kiongozi Jones, Case No. 8075725 ; Ste Clerk Supplemental Letter Brief Citing New Authority Depa: y Dear Mr. Navarrete: Appellant submits this letter brief pursuant to rules 8.520, subdivision (d) and 8.630, subdivision (d) of the California Rules of Court. In his openingbrief, appellant challenged the California death penalty scheme on groundsthat this Court has rejected in previous decisions holding that the California law does notviolate the federal Constitution. (AOB 135-150.) Recently, the United States Supreme Court held Florida’s death penalty statute unconstitutional under Apprendiv. New Jersey (2000) 530 U.S. 466 and Ring v. Arizona (2002) 536 U.S. 584 because the sentencing judge, not the jury, made a factual finding, the existence of an aggravating circumstance, that is required before the death penalty can be imposed. (Hurst v. Florida (2016) —Ss-U.S.___—s[136 S.Ct. 616, 624] [hereafter “Hurs?”].) Hurst provides new support to appellant’s claims in Argument VII of his opening brief. (AOB 187-189, 195- 196.) In light of Hurst, this Court should reconsiderits rulings that imposition ofthe death penalty does not constitute an increased sentence within the meaning ofApprendi (People v. Anderson (2001) 25 Cal.4th 543, 589, fn. 14); does not require factual findings within the meaning of Ring (People v. Merriman (2014) 60 Cal.4th 1, 106); and does not require the jury to find unanimously and beyond a reasonable doubtthat the aggravating circumstances outweigh the mitigating circumstances before the jury can impose a sentence of death (People v. Prieto (2003) 30 Cal.4th 226, 275). incerely, JESSICA K. McGUIRE Assistant State Public Defender DEATH PENALTY DECLARATION OF SERVICE Case Name: People yv. Kiongozi Jones Case Number: Supreme Court No. S075725 Los Angeles County Superior Court Case No. NA-031990-01 I, Marsha Gomez,declare as follows: I am overthe age of 18, not a party to this cause. I am employed in the county where the mailing took place. My business address is 770 L Street, Suite 1000, Sacramento, California 95814. I served a copy ofthe following document(s): SUPPLEMENTAL LETTER BRIEF CITING NEW AUTHORITY by enclosingit in envelopes and / / depositing the sealed envelope with the United States Postal Service with the postage fully prepaid; /X/ placing the envelopesfor collection and mailing on the date and at the place shown below following our ordinary business practices. I am readily familiar with this business’s practice for collecting and processing correspondence for mailing. On the same daythat correspondenceis placed for collection and mailing,it is deposited in the ordinary course ofbusiness with the United States Postal Service in a sealed envelope with postage fully prepaid. The envelopes were addressed and mailed on May 18, 2017, as follows: Kiongozi Jones, P-21100 Viet H. Nguyen, Deputy Attorney General CSP-SQ Office of the Attorney General 3-EB-23 300 S. Spring Street, Suite 1702 San Quentin, CA 94974 Los Angeles, CA 90013 California Appellate Project Geraldine S. Russell 101 SecondStreet, Suite 600 Attorney at Law San Francisco, CA 94105 P.O. Box 2160 La Mesa, CA 91943-2160 Ronald S. Matthias Senior Assistant Attorney General Office of the Attorney General 455 Golden Gate Avenue, #11000 San Francisco, CA 94102-3664 I declare underpenalty ofperjury that the foregoingis true and correct. Signed on May18, 2017, at Sacramento, California. (jo MARSHA GOMEZ
