People v. Jones CA3

Filed 8/28/14 P. v. Jones CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C074172

Plaintiff and Respondent, (Super. Ct. No. CM038003)

v.

MURPHY SIDNEY JONES, SR.,

Defendant and Appellant.

A jury convicted defendant Murphy Sidney Jones, Sr., of first degree burglary and assault. Defendant appeals the judgment, contending, with respect to his burglary conviction, that (1) there is insufficient evidence he intended to commit a felony within the residence when he entered, and (2) burglary of a recreational vehicle (RV) cannot be of the first degree. We disagree and will affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND On January 22, 2013, Lynn Paschich’s RV, in which she had lived for at least two years, was parked behind Robert Marshall’s mobile home. Paschich’s friend, Anna Ramirez, came to visit Paschich in her RV. Paschich invited Ramirez in, closed and locked the door to the RV, and sat down with Ramirez to talk.

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About five minutes later, defendant “banged on the door really hard.” When he identified himself, Paschich yelled at him to come back because there “was no room.” Instead, defendant forcibly entered the RV and approached Paschich, poked his finger in her face without touching her, and said, “there was nobody, no female going to disrespect him.” Paschich “told him to get the fuck out.” He touched her face with his finger and said, “Make me get out, bitch,” and that “no bitch was going to disrespect him.” Paschich again told defendant to leave. Defendant responded by choking Paschich with one hand and repeatedly punching her in the face with the other until she couldn’t breathe, lost consciousness, and defecated on herself. Defendant did not stop until Marshall, who had heard Ramirez’s screams, yelled to defendant from the door of the RV to “come on and get out.” Paschich called for emergency assistance. When the police found defendant a half hour later, he volunteered that Paschich “was lying about the propane tank.” The previous day, Paschich and defendant had argued about a propane tank that had been taken off of Paschich’s RV and set in front of her door, empty. When Paschich had asked defendant if he knew anything about the tank, he became “agitated and angry.” Defendant was charged with first degree burglary with a person other than an accomplice present in the residence during the commission of the crime (Pen. Code, §§ 459, 667.5, subd. (c) 1–count 1) and assault by means likely to produce great bodily injury (§ 245, subd. (a)(4)–count 2). A jury found defendant guilty on both counts. Defendant was denied probation and sentenced to seven years in prison: the upper term of six years for count 1 and a consecutive one year (one-third of the middle term) for count 2. Defendant was also ordered to pay fines and fees as stated in the abstract of judgment.