People v. Jones CA2/4

Filed 3/2/16 P. v. Jones CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B258757

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA405854) v.

SHAWN JONES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Rand S.Rubin, Judge. Affirmed. Siri Shetty, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler and Lance E. Winters, Assistant Attorneys General, Michael R. Johnsen and Gary A. Lieberman, Deputy Attorneys General, for Plaintiff and Respondent. ______________________________

Shawn Jones appeals from the judgment entered upon his jury conviction of robbery, criminal threats, and possession of a firearm by a felon. Appellant contends the gang enhancement attached to the robbery count is not supported by evidence. We disagree and affirm the judgment.

FACTUAL AND PROCEDURAL SUMMARY On the morning of November 6, 2012, appellant and an unidentified accomplice robbed a recycling center near the intersection of Jefferson Boulevard and Budlong Avenue, within territory claimed by the Rollin 20’s Blood gang. During the robbery, appellant, wearing a gorilla mask, held up a worker, Cesar Lopez, at gunpoint. Appellant told Lopez to “get down” and pulled him to the ground. Meanwhile, appellant’s cohort told another worker to look down and took approximately $5,000 from the cash register and a backpack. Appellant had been at the recycling center before, and Lopez recognized his voice and face when appellant took the mask off upon leaving the center. Lopez identified appellant as “Spook,” a Rollin 20’s gang member. Appellant had several tattoos related to the Rollin 20’s and the Bloods, and Lopez had heard appellant refer to the Bloods before. Two days after the robbery, police officers saw appellant in the company of three other Rollin 20’s gang members at a laundromat in the Rollin 20’s neighborhood. On seeing the officers, appellant ran into the laundromat holding his waistband, and a customer directed the officers to a trash can where appellant had dumped a loaded gun. Lopez later identified the gun as the one used in the robbery. During a search of appellant’s home on December 13, 2012, police officers found gang paraphernalia, including a hat with symbols of the Bloods and the Rollin 20’s. The officers left behind several pages of the warrant, which referenced the gorilla mask but did not contain information about the location of the robbery or its victims. Nevertheless, appellant went to the recycling center and confronted Lopez with the pages referencing