People v. Johnson CA5

Filed 11/12/25 P. v. Johnson CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F088993 Plaintiff and Respondent, (Super. Ct. No. BF176803A) v.

MATTHEW JOHNSON, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Brian M. McNamara, Judge.

Nicholas Seymour, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

*Before Levy, Acting P. J., Peña, J. and Meehan, J.

INTRODUCTION Defendant Matthew Johnson appeals from his negotiated plea agreement in which he pleaded guilty to committing first degree murder (Pen. Code, § 187, subd. (a)) of a fellow inmate and he admitted that he had previously been convicted of first degree murder (§ 190.2, subd. (a)(2)) and that he had suffered a prior strike conviction. (Undesignated statutory references are to the Penal Code.) In exchange for his plea, the remaining charges, enhancements, and allegations were dismissed. He was sentenced per the terms of the plea agreement to life without the possibility of parole to be served consecutive to his present life sentence. On appeal, appointed counsel for defendant asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Defendant did not file a supplemental brief. After independently reviewing the record, we affirm. BACKGROUND In 2020, defendant was charged with being a person undergoing a life sentence who, with malice aforethought, committed an assault upon the person of another with a deadly weapon or instrument (§ 4500; count 1). It was further alleged that defendant was previously convicted of a strike conviction (§§ 667, subds. (c)–(j), 1170.12, subds. (a)– (e)), namely, murder (§ 187, subd. (a)), which also qualified as a prior serious felony conviction (§ 667, subd. (a)) and that he had suffered four prior prison term convictions (§ 667.5, former subd. (b)). In count 2, defendant was charged with first degree murder (§ 187, subd. (a)) with the same enhancements alleged as to count 1, a special circumstance allegation that he had previously been convicted of first degree murder on or about April 20, 2016 (§ 190.2, subd. (a)(2)), and an allegation that, in the commission or attempted commission of the offense, defendant personally used a deadly or dangerous weapon (§ 12022, subd. (b)(1)). Defendant was charged in count 3 with knowingly possessing heroin while in prison (§ 4573.6) and in count 4 with knowingly possessing a