People v. Jones CA2/2

Filed 4/5/16 P. v. Jones CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B261020

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA423666) v.

HOUSTON JONES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Monica Bachner, Judge. Affirmed.

Morgan H. Daly, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Scott A. Taryle and Timothy M. Weiner, Deputy Attorneys General, for Plaintiff and Respondent.

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Houston Jones (Jones) was convicted of second degree burglary, a felony pursuant to Penal Code section 459. He was sentenced to six years in state prison, calculated as the midterm of two years, plus one year each for four incarceration priors within the meaning of Penal Code section 667.5, subdivision (b). The trial court awarded Jones a total of 496 days of custody credits, calculated as 248 actual days served and 248 days of good conduct credit. On appeal, Jones contends that trial court abused its discretion under Evidence Code section 3521 and violated his right to due process by admitting his prior theft convictions for impeachment. We find no error and affirm. FACTS Prosecution Case At about 11:55 p.m. on April 13, 2014, Daniel Sanchez (Sanchez) was in his apartment on East 28th Street in Los Angeles waiting for his son to arrive home. While looking out the second-story window, Sanchez saw his truck and Jones standing next to the truck’s door. Jones raised his arm up and swung outward; at that point, Sanchez heard breaking glass. Sanchez ran outside and saw that Jones had lifted the truck’s hood. He was positioned near the location of the car battery, and was holding a pair of pliers. When Sanchez approached, Jones dropped the pliers and ran away from the truck. Sanchez began chasing Jones. Jones ran toward and then past Amasi Julian Murillo (Murillo), who was walking home. Then Murillo saw Sanchez in pursuit. At some point, Murillo heard something metal drop to the ground. Sanchez grabbed Jones by the arms and brought him back to the truck. Murillo called 9-1-1. Officer John Boverie of the Los Angeles Police Department responded to the scene with a partner. They observed a male Hispanic holding a male Black against a