People v. Jones CA1/2

Filed 12/9/13 P. v. Jones CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A138807 v. MELVIN DEAN JONES, (Lake County Super. Ct. No. CR926836, CR927988, Defendant and Appellant. CR930087)

This case comes before us for full record review pursuant to People v. Wende (1979) 25 Cal.3d 436. Appellant Melvin Dean Jones III was convicted by plea in two cases of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), and in a third case of battery causing serious bodily injury (Pen. Code, § 243, subd. (d)).1 He was sentenced to a total term of seven years. We have reviewed the record and find no issues that merit briefing. FACTUAL AND PROCEDURAL BACKGROUND On May 23, 2011, police responded to a report of loud music coming from a residence. Officers observed several people inside, and then knocked on the door. An officer recognized Jones as someone wanted on an outstanding arrest warrant. Jones was taken into custody and informed the officer that he had methamphetamine in his pocket.

1 Undesignated statutory references are to the Penal Code.

1

The officer found a baggie containing 3.9 grams of methamphetamine on Jones, for which he was charged with possession of methamphetamine in case CR926836. The charges in case CR927988 stemmed from an assault at a party on October 23, 2011. The victim had attempted to break up a fight between her sister and another man when Jones came out of the house and yelled at her to be quiet or he would punch her in the face. She returned to her car and Jones then jumped off the front porch onto the hood of her car, causing damage. When she got out of her car to ask him what he was doing, he punched her in the face, breaking her nose and fracturing her eye socket. An information was filed on December 22, 2011, charging Jones with battery causing serious bodily injury (§ 243, subd. (d)) and vandalism (§ 594, subd. (a)). On March 13, 2012, written plea waiver forms were completed in each case and Jones entered no contest pleas to the possession of methamphetamine and battery causing serious bodily injury charges, with the vandalism charge to be dismissed. At the time of the plea, the information in CR927988 was amended to indicate that Jones “personally and unlawfully use[d] force and violence” against the victim, “not an accomplice, resulting in the infliction of serious bodily injury.” Jones was advised that battery causing serious bodily injury was a serious felony, and thus would constitute a strike prior in the event of any future convictions. (§ 1192.7, subd. (c)(8).) On April 17, 2012, imposition of sentence was suspended and Jones was placed on three years’ probation with various conditions, including 365 days in county jail on case CR927988. A restitution fine of $800 was imposed in that case, with a $200 restitution fine imposed in CR926836, and like amounts were imposed and stayed unless probation were to be revoked. (§§ 1202.4, subd. (b), 1202.44.) Credits were awarded in each file, and various other fines and fees imposed. On July 16, 2012, an officer saw Jones walking along the side of the road. The police had received information earlier that evening that Jones was in possession of two handguns. The officer called dispatch to confirm that Jones was on active probation with a search clause and then stopped him and conducted a search. The officer found a plastic baggie containing 3.3 grams of methamphetamine in Jones’s pocket.