People v. Johnson CA3

Filed 10/17/24 P. v. Johnson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) ----

THE PEOPLE, C099400

Plaintiff and Respondent, (Super. Ct. No. STK-CR-FE- 2022-0009962) v.

FRANKLIN JOHNSON,

Defendant and Appellant.

Pursuant to a plea bargain, defendant Franklin Johnson pleaded guilty to attempted second degree murder (Pen. Code, §§ 664/186).1 On appeal, defendant contends he received ineffective assistance of counsel, in that counsel inadequately investigated the case and as a result, his plea was essentially coerced. We will dismiss the appeal because defendant failed to obtain a certificate of probable cause.

1 Undesignated section references are to the Penal Code.

1

BACKGROUND A detailed recitation of the facts underlying the conviction is not necessary. It suffices to say that, while working as an Uber driver, defendant argued with a passenger and cut the passenger’s wrist and arm with a knife. The passenger received life-saving treatment from responding police officers. His injuries required extensive surgery and resulted in the loss of the use of his hand. An information charged defendant with attempted second degree murder (§§ 664/187, subd. (a)) with a personal use of a deadly weapon enhancement allegation (§ 12022, subd. (b)(1)), assault with a deadly weapon (§ 245, subd. (a)(1)), and mayhem (§ 203). As to the attempted murder and assault charges, the information further alleged that defendant personally inflicted great bodily injury (§ 12022.7, subd. (a)). Defendant made a Marsden2 motion claiming defense counsel was not adequately communicating with him, investigating the case, or providing him with discovery. Defense counsel responded by informing the trial court of her experience in criminal trials, that she had communicated with defendant and provided him with discovery, and was conducting ongoing investigations. The trial court denied the Marsden motion. Defendant pled guilty to attempted second degree murder in exchange for a stipulated seven-year sentence. The trial court sentenced defendant to seven years, in accordance with the plea, and dismissed the remaining counts. Defendant timely filed a notice of appeal, checking the box stating that the appeal was based on matters “occurring after the plea that do not affect the validity of the plea.” He did not obtain a certificate of probable cause. (§ 1237.5.)