P. v. Jones
During a minor traffic stop, an officer noticed that defendant Arthur Ray Jones had a hypodermic syringe on his lap and that he appeared to be under the influence of drugs or alcohol. After a field sobriety test was administered, defendant was arrested. Before he was booked into jail, a small plastic bag containing a brown sticky substance was found in his sock. When asked what it was, defendant said it looks like heroin. He also admitted to another officer that he had used heroin that day. He was charged with felony possession of heroin and misdemeanor driving under the influence. The information also alleged three prior strike serious felony convictions (Pen. Code, 667, subd. (d)),[1]and five prior prison terms ( 667.5, subd. (b)). When the case was called, defense counsel announced that defendant wished to have a court trial and would waive his right to a jury. However, in obtaining a jury trial waiver from defendant, the judge inadvertently asked if he was willing to waive a court trial, to which defendant responded yes. The mistake was immediately pointed out by defense counsel, the judge corrected his misstatement, and the case proceeded to trial by the court. Defendant was convicted on the drug possession count, and due to his prior serious felony convictions, he was sentenced to 25 years to life. On appeal, defendant contends as follows: (1) there was never an express waiver of jury trial, (2) there was insufficient chain of custody evidence regarding the heroin, (3) the trial court abused its discretion in failing to grant defendants motion to strike prior convictions, and (4) the sentence was in violation of constitutional safeguards against cruel and unusual punishment. Court reject each of these contentions and affirm the judgment.
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