P. v. Knox CA2/3

Filed 6/20/13 P. v. Knox CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B237511

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA116606) v.

ARTHUR FRANKLIN KNOX,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, John J. Lonergan, Jr., Judge. Affirmed.

Johanna R. Pirko, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Victoria B. Wilson and Brendan Sullivan, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION A jury found defendant and appellant Arthur Franklin Knox guilty of possession of cocaine base for sale. His sole challenge to his conviction concerns the trial court’s refusal to dismiss a juror, who he claims had an insufficient command of English. We find that the court did not abuse its discretion by refusing to dismiss the juror, and we therefore affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND I. Factual background. On February 3, 2011, a group of men, including defendant, were detained. Seven individually wrapped off-white rock-like substances resembling cocaine were in defendant’s pocket. In another pocket were 17 individually wrapped baggies of the same substance. Analysis confirmed that the substance was cocaine. The People’s narcotics expert testified that the cocaine was possessed for sale based on its packaging and quantity, the location in which defendant was arrested, and that he had no smoking paraphernalia. II. Procedural background. On September 9, 2011, a jury found defendant guilty of count 1, possession for sale of cocaine base (Health & Saf. Code, § 11351.5). On November 16, 2011, after the court found that defendant had eight prior convictions within the meaning of the Three Strikes law,1 the court sentenced defendant to the high term of five years, doubled to 10 years. The court sentenced him to a consecutive four years under Penal Code section 667.5, subdivision (b), and to a consecutive three years under Health and Safety Code section 11370.2, subdivision (a). His total sentence therefore was 17 years in prison.