People v. Jones CA3

Filed 5/10/16 P. v. Jones CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

THE PEOPLE, C078416

Plaintiff and Respondent, (Super. Ct. No. MF036597A)

v.

JESSE RAY JONES IV,

Defendant and Appellant.

A jury found defendant Jesse Ray Jones IV guilty of possession of a controlled substance for sale (Health & Saf. Code, § 11378) and unlawful possession of ammunition (Pen. Code, § 30305, subd. (a)(1)). The trial court found true allegations that defendant had two prior convictions for possession of a controlled substance for sale (Health & Saf. Code, § 11307.2, subd. (c)) and that he had served a prior prison term (Pen. Code, § 667.5, subd. (b)). Sentenced to five years in prison, defendant appeals. He contends the trial court committed error under Batson v. Kentucky (1986) 476 U.S. 79 [90 L.Ed.2d 69] (Batson) and People v. Wheeler (1978) 22 Cal.3d 258 (Wheeler)

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by finding no purposeful discrimination based on the prosecutor’s use of peremptory challenges during jury selection to excuse three women who were or appeared to be African-American. He further contends the trial court erred in denying his motion for a mistrial based on the admission of undisclosed and prejudicial evidence. We find no error and affirm. FACTS The Crimes Detectives Osborn, Avakian, and Garcia from the Manteca Street Crimes Unit were on patrol near defendant’s residence and saw defendant and a woman standing inside the garage. The detectives decided to perform a probation search of defendant. Defendant had a baggie with a white substance in his hand. The detectives found two other bags containing a white substance and a digital scale in the garage. They found no indicia of personal use. A search of the house revealed a box of ammunition in a hallway closet. A criminalist weighed and analyzed the contents of the three bags. He found 11.208 grams, 1.798 grams, and .740 gram of methamphetamine. Detective Armen Avakian, an expert in the possession of narcotics for sale, testified to his opinion that defendant possessed the drugs for sale. His opinion was based on the amount of methamphetamine, the scale, and the absence of a pipe, needle, or other means of ingesting the drug. In his defense, defendant testified he possessed the methamphetamine for personal use; he had purchased enough to last a week. He admitted he used to sell drugs, but claimed he no longer sold. A father figure for defendant testified he had seen defendant under the influence of methamphetamine in the last year. As for the ammunition, a close friend testified that he himself had left it at defendant’s house a year before.