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The People v. Frank Theodore Jones Iii

October 22, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
FRANK THEODORE JONES III, DEFENDANT AND APPELLANT.



APPEAL from the Superior Court of Riverside County. John Davis, Judge. (Super.Ct.No. RIF148446)

The opinion of the court was delivered by: Hollenhorst J.

CERTIFIED FOR PARTIAL PUBLICATION*fn1

OPINION

Affirmed.

I. INTRODUCTION

Defendant Frank Theodore Jones III appeals from his conviction of possession of rock cocaine for sale with a prior conviction for transporting a controlled substance (Health & Saf. Code, §§ 11351.5, 11352, subd. (a), 11370.2, subd. (a)) and active participation in a criminal street gang (Pen. Code, § 186.22, subd. (a)), with associated enhancements (Pen. Code, §§ 667.5, subd. (b), 667, subds. (c), (e), 1170.12, subd. (c)).

Defendant contends (1) the trial court erred in failing to conduct a hearing on his Marsden*fn2 motion, and (2) the evidence was insufficient to sustain his conviction for active participation in a criminal street gang. We find no error, and we affirm.

II. FACTS AND PROCEDURAL BACKGROUND

A. Prosecution Evidence

Riverside Police Detective Matthew Lackey received information from a confidential informant that a man who was associated with the 1200 Blocc Crips gang and who used the moniker "Devil" was selling rock cocaine from a residence at 2259 12th Street. Other officers told Detective Lackey that defendant fit that description.

Officers began surveillance of the house and saw foot and vehicle traffic. On January 27, 2009, defendant and a woman, later identified as his girlfriend, Jaqualia Milo,*fn3 came out of the house and drove away in a Mazda with no license plates, which had been parked in the driveway. Officer Nick Kean conducted a traffic stop of the Mazda. Defendant gave the officer his identification and told the officer he was coming from his house at 2259 12th Street that he shared with Milo. He also informed the officer he was on parole. Officer Kean told defendant they would conduct a parole search of the house. Defendant then said the 12th Street house was not his paroled residence, and he did not actually live there. Defendant asked Officer Kean not to hurt his two dogs at the house. Defendant also asked Detective Lackey to watch out for his dogs in the backyard.

During a search of the house, officers located a baggie of rock cocaine weighing approximately 0.6 grams in the pocket of a child's jacket in the closet of a child's room. A pay/owe sheet was found in a cupboard in the headboard in the master bedroom, and paperwork with defendant's name and a wallet containing defendant's identification were found in a nightstand. Officers also found $1,016 in cash underneath some men's underwear in a drawer. Three baggies of rock cocaine weighing four grams and a digital scale were found in a box on top of the refrigerator. Milo was searched, and a baggie containing 0.8 grams of rock cocaine was found in her vagina.

Defendant had tattoos on his body, as follows: "Riverside" across his back; the number "2" and "Georgia" on the back of his left arm; the number "1" and "Street" on the back of his right arm; and a figure of a devil with the letters "D-E-V" on the outside of his right arm.

Detective Kevin Townsend testified as a gang expert. He testified that the Georgia Street Mob, or GSM, is a subset of the 1200 Blocc Crips gang located on the east side of Riverside. GSM is identified by the numbers "12" and "21," or the letters "G" or "GSM." 1200 Blocc is identified by the numbers "12" or "1200." He testified that it would be dangerous for a person who was not a gang member to claim gang affiliation because the gang would beat up or kill the person. The gang was responsible for "[v]andalism, robbery, weapons or firearm possession," and its "two primary activities are crimes of violence . . . and drug ...


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