People v. Sims CA2/6

Filed 10/2/14 P. v. Sims CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B246691 (Super. Ct. No. TA123292) Plaintiff and Respondent, (Los Angeles County)

v.

DEON SIMS,

Defendant and Appellant.

A jury found Deon Sims guilty of possession of cocaine base for sale (Health & Saf. Code, § 11351.5); sale, transportation or offer to sell a controlled substance (id., § 11352, subd. (a)); and disobeying a gang injunction (Pen. Code, § 166, subd. (a)(4)). The jury also found true as to each offense that Sims committed the offense for the benefit of, at the direction of or in association with a criminal street gang (id., § 186.22, subds. (b)(1)(A) & (d)). The trial court found Sims suffered one prior prison term (Pen. Code, § 667.5, subd. (b)) and two strikes (id., §§ 667, subds. (b)-(i); 1170.12, subds. (a)- (d)). The court dismissed one strike and sentenced Sims to a term of 21 years. On appeal, Sims contends the trial court erred in dismissing a juror and that his counsel was ineffective for failure to object to the scope of the court's jury inquiry. We affirm.

FACTS On May 21, 2012, at about 7:45 p.m., Los Angeles police officers Jonathan Vander Lee, Justin Chi and Manuel Moreno were in a marked patrol car in the Nickerson Garden Projects. The officers saw Sims speaking to an older African-American man. The men looked at the patrol car, immediately stepped back and began to walk away toward a courtyard behind a building. Officers Chi and Vander Lee left the patrol car and walked to where they could see the men. They saw the older man hand Sims something. Sims put the object in his right pocket. Then Sims gave the older man something from his left hand. The officers formed the opinion that they had seen a drug transaction. There were no other people around. The officers began walking toward the men. The men looked in the officers' direction. Vander Lee told them to stop. The older man put the object he had received from Sims in his mouth and began walking quickly southbound. Sims began running northbound. Vander Lee and Chi chased Sims. While fleeing, Sims fell as he stepped off a curb. As he fell, he dropped a baggie he had been holding in his left hand. Vander Lee arrested Sims while Chi recovered the baggie. The baggie contained 30 pieces of rock cocaine and weighed 4.83 grams. Detective Erik Shear testified as a narcotics expert. He said Sims possessed the drugs for sale. Gang Evidence Sims is a member of the Bounty Hunter Bloods gang. The gang's color is red. At the time of Sims's arrest, he was wearing red pants, shoes and shoe laces. He had gang tattoos and had been served with a gang injunction. Among the gang's primary activities is selling rock cocaine. The gang has controlled rock cocaine sales in Nickerson Garden Projects for decades.