People v. Johnson CA3

Filed 3/5/25 P. v. Johnson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yuba) ----

THE PEOPLE, C100805

Plaintiff and Respondent, (Super. Ct. No. CRF2303343)

v.

RYAN COLLIN JOHNSON,

Defendant and Appellant.

Defendant Ryan Collin Johnson pled no contest to making criminal threats and requested that the trial court grant him probation although he was presumptively ineligible under Penal Code1 section 1203, subdivision (e)(4). The trial court declined to make an unusual case finding and sentenced Johnson to the low term of 16 months in prison.

1 Undesignated statutory references are to the Penal Code.

1

On appeal, Johnson contends the trial court erred by not finding the case unusual under section 1203 and rule 4.413 of the California Rules of Court2 so as to overcome the ineligibility presumption. He argues the court did not properly consider how his untreated mental health conditions contributed to his criminal conduct and failed to account for his improved mental health after receiving treatment while in custody. Finding no abuse of discretion, we shall affirm. BACKGROUND After being taken to a Yuba County hospital in October 2023, Johnson caused a commotion in the hospital waiting room by threatening to harm and shoot members of the public and hospital staff. Johnson stated, “I have a bullet for every single person that’s in the lobby right now,” causing a hospital employee to fear that she would be the first person shot as her desk faced the front entrance to the lobby. In February 2024, Johnson pled no contest to one count of making criminal threats (§ 422, subd. (a)) in exchange for a sentence no greater than the middle term if the court denied his request for probation.3 A presentence probation report recommended that the trial court make an unusual case finding under rule 4.413(c)(2)(B) based on Johnson’s mental health at the time of the crime and his positive response to treatment and medication while in jail. Johnson’s sentencing statement in mitigation requested probation under rule 4.413(c)(2)(B), claiming he committed the criminal threats offense because of a mental health condition not amounting to a defense and that there was a high likelihood that he would respond favorably to mental health care and treatment while on probation.