People v. Jones CA3

Filed 2/25/14 P. v. Jones CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C074090

Plaintiff and Respondent, (Super. Ct. No. 11F06525)

v.

ERICK ARNOLD JONES,

Defendant and Appellant.

A jury found defendant Erick Arnold Jones guilty of attempted willful, premeditated, and deliberate murder, and assault with a deadly weapon, and found in connection with both counts that he personally used a deadly and dangerous weapon, to wit, a knife, and personally inflicted great bodily injury. In bifurcated proceedings, the trial court found that defendant had sustained four strike priors and three prior serious felony convictions.

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Sentenced to state prison, defendant appeals contending insufficient evidence supports the jury’s finding made in connection with the attempted murder that he acted with premeditation and deliberation. We disagree and affirm. FACTS Prosecution Case On September 22, 2011, Cheisa McElroy called the clothing store where she worked to report that she would be late. She spoke with Tyrone Ford, the assistant manager, who she had previously dated. Ford told McElroy that her tardiness was a regular occurrence and suggested that someone else should work her shift. McElroy became upset and started arguing. Ford hung up on her because he did not want to argue. Defendant, McElroy’s boyfriend, overheard the conversation. McElroy called back and complained to Ford that he had been rude and had “disrespected” her. Ford hung up again, saying he did not want to argue. McElroy called back again and spoke to a coworker, Romena Bozart, and complained about Ford. Bozart heard defendant in the background saying, “ ‘I’m just fucking tired of him disrespecting my girl.’ ” Bozart told McElroy that Ford had not “disrespected” her. About 1:00 p.m., McElroy arrived at work. Between 1:27 p.m. and 3:45 p.m., McElroy and defendant called one another a combined 23 times and talked for a total of about 45 minutes on the phone. At 3:03 p.m., defendant texted McElroy, “ ‘Get ready to C WT real love does. I love U, Cheese.’ ” About 4:00 p.m., defendant went to, but not in, the clothing store, taking McElroy’s five-year-old daughter with him. McElroy went outside the store and her daughter went inside with Bozart. Meanwhile Ford went to the nearby grocery store. While Ford was inside the grocery store, he saw defendant, appearing to be agitated, walk back and forth outside the store. Five to 10 minutes later, defendant motioned to Ford to come outside. Ford hoped to “clear the air” about his lack of relationship with McElroy. Ford approached defendant who seemed angry and upset and said, “What’s up?”