People v. Jones CA3

Filed 5/20/15 P. v. Jones CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C076795

Plaintiff and Respondent, (Super. Ct. No. CM038053)

v.

MARCUS DIMITRI JONES,

Defendant and Appellant.

Defendant Marcus Dimitri Jones pleaded guilty to home invasion robbery (Pen. Code, § 211)1 and possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)) and was sentenced to four years eight months in state prison. On appeal, he contends the trial court erred in awarding victim restitution. We disagree and affirm.

1 Undesignated statutory references are to the Penal Code.

1

BACKGROUND2 Defendant met an acquaintance, Christopher South, at a casino in Oroville on January 24, 2013. The two men discussed defendant’s former neighbor, Karl Rauch. Defendant believed that Rauch kept firearms in his home. At some point, defendant and South were joined by a third man, Derek Pierce.3 The three men decided to break into Rauch’s house and steal his guns. They drove to Rauch’s house together in defendant’s borrowed Volvo. Rauch was sitting in the living room of his Oroville home that night when two men wearing bandanas over their faces entered the home, sprayed him with pepper spray, and demanded money and guns. One of the men went into the bedroom to look for valuables. The other stood by the front door keeping a lookout. Although the probation report is not entirely clear, a third man may have also entered the home and joined the robbery a short time later. After a while, the lookout began to panic. He ran into the bedroom, and then ran out of the house. Sensing his opportunity, Rauch ran outside and yelled for help. The three men, who were later identified as defendant, South, and Pierce, fled the scene. The probation report contains inconsistent accounts of the robbers’ getaway. According to South, all three men fled the scene of the robbery in Rauch’s pickup truck. Although the probation report is not clear, South appears to imply that defendant initially drove the truck, while South rode in the bed. As South tells it, the robbers got into an argument while they were making their escape and pulled over. South hit defendant in