Jones

People v. Jones

Bad Law
147 Cal. Rptr. 3d 905·2012 Cal. App. LEXIS 1095·210 Cal. App. 4th 355·2012 WL 5193692
Court of Appeal of CaliforniaOctober 22, 2012No. E052463California2,442 words

Opinion

Lead Opinion

Hollenhorst, J.

*357 Opinion

I. INTRODUCTION

Defendant Frank Theodore Jones in appeals from his conviction of possession of rock cocaine for sale with a prior conviction for transporting a controlled substance (Health & Saf. Code, §§ 11351.5, 11352, subd. (a), 11370.2, subd. (a)) and active participation in a criminal street gang (Pen. Code, § 186.22, subd. (a)), with associated enhancements (Pen. Code, §§ 667.5, subd. (b), 667, subds. (c), (e), 1170.12, subd. (c)).

Defendant contends (1) the trial court erred in failing to conduct a hearing on his Marsden 1 motion and (2) the evidence was insufficient to sustain his conviction for active participation in a criminal street gang. We find no error, and we affirm.

II. FACTS AND PROCEDURAL BACKGROUND

A. Prosecution Evidence

Riverside Police Detective Matthew Lackey received information from a confidential informant that a man who was associated with the 1200 Blocc Crips gang and who used the moniker “Devil” was selling rock cocaine from a residence at 2259 12th Street. Other officers told Detective Lackey that defendant fit that description.

Officers began surveillance of the house and saw foot and vehicle traffic. On January 27, 2009,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.