People v. Jones, 210 Cal. App. 4th 355

Defendant Frank Theodore Jones appeals his conviction for possession of rock cocaine for sale and active participation in a criminal street gang, with multiple enhancements.
A confidential informant linked a GSM/1200 Blocc Crips member known as 'Devil' to selling rock cocaine from 2259 12th Street; police surveilled the location.
January 27, 2009: Jones and his girlfriend Milo exited the house; a traffic stop occurred; Jones claimed the house was not his paroled residence and asked about his dogs.
During the search, officers found drugs and related paraphernalia including 0.6 g rock cocaine in a child’s jacket, a pay/owe sheet, wallet, cash, more cocaine and a scale; Milo was found with 0.8 g cocaine in her vagina.
Detective Townsend testified Jones was an active GSM member; Jones had prior 1999 GSM sale conviction, admitted gang membership, and displayed tattoos linking to the gang.
The jury convicted Jones of 11351.5 and 186.22(a); enhancements for prior felonies and strikes were found true; sentence was 25 years to life.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Marsden hearing was properly conducted	Jones argues the court failed to hold a Marsden hearing on his request to fire counsel.	Jones asserts the court's denial violated his rights and impeded his defense.	No error; abandonment of the Marsden motion.
Sufficiency of evidence to prove active gang participation	State contends evidence supports active gang membership and participation.	Jones argues the evidence does not prove active gang participation beyond mere association.	Evidence is sufficient to sustain active gang participation.

People v. Braxton, 34 Cal.4th 798 (Cal.4th 2004) (forfeitability of Marsden-related issues due to abandonment or acquiescence)
People v. Vera, 122 Cal.App.4th 970 (Cal.App.4th 2004) (abandonment concept where defendant did not renew motion)
People v. Marsden, 2 Cal.3d 118 (Cal. 1970) (establishes Marsden hearing framework)