People v. Littlejohn-Jones CA2/8

Filed 5/6/15 P. v. Littlejohn-Jones CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B258178

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA125384) v.

MICAH LITTLEJOHN-JONES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Lori Ann Fournier, Judge. Affirmed as modified.

Patricia J. Ulibarri, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Defendant and appellant Micah Littlejohn-Jones appeals a judgment of conviction by plea. Under the terms of the plea agreement, Littlejohn-Jones pled no contest to one count of assault by means of force likely to cause great bodily injury, and admitted an infliction of great bodily injury enhancement (Pen. Code, §§ 245, subd. (a)(4); 12022.7, subd. (a)),1 and received a total sentence of two years. As a result of time served, he was immediately released. Appointed counsel on appeal has filed an opening brief pursuant to the procedures approved in People v. Wende (1979) 25 Cal.3d 436 (Wende). We affirm the judgment, with a minor modification. DISCUSSION On April 25, 2012, then 28-year-old Micah Littlejohn-Jones attacked a 60-year-old fellow patient at Metropolitan State Hospital. The victim suffered injuries requiring stitches on the top of his head, eyebrow, and cheek.2 In November 2012, the People filed an information charging Littlejohn-Jones with one count of assault by means of force likely to cause great bodily injury, with a great bodily injury enhancement. (§§ 245, subd. (a)(4); 12022.7, subd. (a). The information further alleged that he had suffered a prior strike conviction, which also qualified as a prior serious felony conviction. (§§ 1170.12, subds. (a)-(d); 667, subds. (b)-(i); 667, subd. (a)(1).) In December 2012, criminal proceedings were suspended when defense counsel declared a doubt as to Littlejohn-Jones’ mental competence. (§ 1368.) There were a series of review hearings over the ensuing several months. In June 2013, the trial court declared Littlejohn-Jones incompetent to stand trial and placed him in Patton State Hospital for treatment. At a hearing in March 2014, the trial court found Littlejohn-Jones had been restored to sanity and mentally competent; the court reinstituted criminal proceedings and appointed the alternate public defender to represent him.