The People v. Jones CA2/3

Filed 9/26/13 P. v. Jones CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B241140

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA054661) v.

RONALD A. JONES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Hayden Zacky, Judge. Affirmed. Landra E. Rosenthal, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Stephanie A. Miyoshi and William N. Frank, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant, Ronald A. Jones, appeals his conviction for first degree murder (Pen. Code, § 187).1 He was sentenced to state prison for 25 years to life. The judgment is affirmed. BACKGROUND Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following. 1. The crime scene evidence. Earl Cager testified his family owned Cager Clothing, a store in Palmdale, on Q-6 near a barber shop. One of the store’s employees was Annton Berry. On October 23, 2006, Earl and his mother went to the store to pick up some T-shirts. Berry was the only person working in the store that day. At the rear of the store, Earl saw a body with a plastic trash bag over its head. Earl ran and told his mother, who called 911. Earl testified Berry’s silver Impala had been parked outside the store when they arrived, but by the time they had parked, the Impala was gone. When the police arrived they found Berry’s body. The autopsy showed Berry had died from a gunshot wound to the head. Autopsy photographs showed he had also sustained lacerations, a black eye, and bruising on his arm and knee, suggesting he had been in a fight and had been wrestled to the ground. Berry’s Impala, his wallet and his checkbook were subsequently found at other locations. Police recovered five latent fingerprints from the plastic bag which had been placed over Berry’s head. 2. Witness statements. Alfonso H. testified he was acquainted with defendant Jones as someone who socialized with Alfonso’s nephews, Andre and Arthur. Alfonso told police that