P. v. Jones

Filed 1/10/07  P. v. Jones CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

  IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento)

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        Defendants Jimmy Ray Jones and Timothy Monroe Evans went on a five-hour crime spree.  Defendant Evans, who was armed with a gun, robbed a restaurant and two gas stations, each time fleeing to a waiting car driven by defendant Jones.

        Juries convicted each defendant of three counts of robbery (Pen. Code, § 211; unspecified section references that follow are to the Penal Code) and one count of attempted robbery (§§ 664/211), and found the charged enhancements to be true (§§ 12022, subd. (a)(1); 12022.53, subd. (b)).  The trial court sentenced defendant Evans to a prison term of 20 years 8 months, and defendant Jones to a prison term of 5 years 8 months.

        Both defendants appeal.  Defendant Jones contends that (1) statements were admitted in violation of Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694]; (2) instructions on aiding and abetting were incomplete; (3) the court erred in failing to instruct on lesser included offenses; and (4) the abstract of judgment does not accurately reflect the ordered restitution and parole revocation fines.  Only this last contention has merit.  We therefore order a correction to the abstract of judgment but otherwise affirm the judgment as to defendant Jones.

        We reach a different conclusion as to defendant Evans.  Evans presents several claims of error but one is dispositive: the verdicts were returned in a manner that violated his constitutional right to a public trial.  This structural error compels reversal of his convictions.

Facts and Proceedings

        Defendants and a mutual friend (David Hopkins) spent an evening together, smoked marijuana, and drove around town in defendant Jones's car.  Defendant Evans, who was sitting in the back seat, made a number of comments that suggested he was planning to commit robberies that night. 

        At approximately 11:30 p.m., Jones pulled the car into a gas station and parked at the back of the store, near the exit to the street.  Evans got out of the car, pulled a ski mask over his face and entered the gas station.  He pointed a gun at the cashier and took approximately $60 from the register.  He then ran back to the car, and Jones drove away. 

        Later that night, at approximately 3:15 in the morning, defendants drove to another gas station.  Defendant Evans put on a mask, drew his gun, entered the gas station, and ordered the two employees to open their registers.  One of the cashiers froze, but the other took the $100 that was in her register and put it in defendant's backpack.  Evans left the station and drove off in the waiting car. 

        About one hour later, defendants drove to a nearby Denny's Restaurant.  Evans put on the mask, entered the restaurant, pointed a gun at a cashier, and demanded money.  The cashier opened the register and put approximately $600 in Evans's bag.  Evans ran out of the building, and joined Jones and Hopkins in the car.

        Officers stopped the car about one hour later and arrested the three occupants.  Officers found incriminating evidence in the car, such as masks, a backpack, cash, a gun and ammunition. 

        As defendant Evans was being transported to the station, he remarked, â€