(Super. Ct. No. 09F05184)
The opinion of the court was delivered by: Mauro , J.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
A jury convicted defendant Leslie Jones of possessing cocaine base for sale. In a bifurcated proceeding, the trial court found that defendant was convicted previously for unlawful sale of a controlled substance. The trial court sentenced defendant to six years in prison.
Defendant contends on appeal that the trial court prejudicially erred in admitting evidence of his prior conviction. He also contends he received ineffective assistance of counsel when his attorney failed to object to hearsay and inadmissible character evidence.
We conclude the trial court did not err in admitting the evidence of defendant's prior conviction because it was relevant to the element of defendant's intent. In addition, defense counsel's performance was not prejudicially deficient. Accordingly, we will affirm the judgment.
In late November or early December 2008, Detective Quinn of the Sacramento Police Department began an investigation of possible narcotics sales at 3841 Belden Street in Sacramento. Over the next several months, he conducted surveillance of the house at least once or twice a week. Detective Quinn observed a silver BMW sports utility vehicle (SUV) arriving at or leaving the house on numerous occasions. Defendant was the only person he ever saw driving the BMW. Quinn also observed co-defendant Terrance Terry at the house a few times. Terry drove a blue car.
During the surveillance, Detective Quinn regularly saw a large amount of short-term traffic frequenting the house. Vehicles would arrive and people in the vehicles would enter the house for only one to five minutes before leaving. During this activity, sometimes defendant's BMW was parked at the house and sometimes Terry's blue car was there.
On July 8, 2009, Detective Quinn and his partner, Detective Bell, were in the area of the house on Belden Street preparing for a search of the house. The silver BMW and Terry's blue car were parked in the driveway. Detective Quinn returned to the police station to brief the other officers in his unit while Detective Bell monitored the incoming and outgoing traffic. Around 1:05 p.m., Terry left in the blue car. Thereafter, other vehicles arrived and persons entered the house and left after a short period of time. Around 2:19 p.m. the BMW left and Bell notified Quinn.
The BMW was followed until Officer Carlos Martinez, in a marked police unit, conducted a traffic stop. Detective Quinn assisted with the stop. Defendant was in the driver's seat, Enoch Williams was in the passenger's seat, and defendant's child was in the backseat. Officer Martinez requested defendant's license, car keys and cell phone, and defendant complied. Officer Martinez found $615 in cash in defendant's front pocket. Officer Martinez also found $700 in cash and two cell phones in the center console of the vehicle. In addition, Officer Martinez searched Williams and found two sets of keys to the house on Belden Street and .93 grams of marijuana.
When questioned by Detective Bell, defendant stated he purchased the BMW at an auction in Nevada but that it belonged to his former girlfriend, Mary. He claimed the money in his front pocket was from Mary, and that a person named Yamilet gave him the $700 in the car console. Defendant also stated that he had been at the Belden Street house on numerous occasions to visit Enoch Williams, but he did not know who owned the house. He professed to be unaware that narcotics were in the house.
Detective Quinn returned to the Belden Street house and participated in a search of the house. The house had a surveillance system with a "live feed" monitoring the front and driveway of the residence. It contained minimal furnishing: television sets, an air mattress, a workout bench and an ironing board. Clothing for a male was in a bedroom. In a kitchen cupboard, Detective Quinn found two digital scales, $100 in cash, 55 grams of marijuana, 5.09 grams of rock cocaine, and sandwich baggies with the corners torn off. Sandwich baggie corners are commonly used to package narcotics. Detective Quinn also found a photograph of defendant and a Metro PCS receipt for activating a phone in defendant's nickname, Bobo Jones. The phone number associated with the receipt was (916) 504-8946. Detective Quinn found that phone number written repeatedly on the torn edges of a piece of binder paper. In one of the bedrooms, he found a receipt from ...