People v. Johnson CA5

Filed 6/26/15 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F069311 Plaintiff and Respondent, (Super. Ct. No. PCF288067) v.

JEREMY PAUL JOHNSON, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Gary L. Paden, Gary M. Johnson, and Glade F. Roper,† Judges. Michele A. Douglass, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, State of California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Detjen, J. and Smith, J. † Retired judge of the Tulare Superior Court assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

Jeremy Paul Johnson pled no contest to carrying a concealed dirk or dagger (Pen. Code, § 21310) and possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)). Johnson initially was placed on felony probation and ordered to participate in the drug court program. Despite numerous opportunities to do so, Johnson failed to comply with any of the requirements imposed on him as part of the probation/drug court sentence. He admitted he violated his probation and was sentenced to a midterm sentence of two years eight months. Johnson’s appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 stating she did not identify any arguable issues in the appeal. By letter dated July 28, 2014, we invited Johnson to submit any arguments he might have about his case. Johnson responded to our letter. We affirm the judgment. FACTUAL AND PROCEDURAL SUMMARY The complaint contained two causes of action. The first cause of action charged Johnson with carrying a concealed dirk or dagger. (Pen. Code, § 21310.) The second cause of action charged Johnson with possession of methamphetamine. (Health & Saf. Code, § 11377, subd. (a).)1 Johnson pled no contest to each charge when the trial court indicated it would sentence him to formal probation and order he participate in the drug court program. Johnson was advised of his constitutional rights and was informed the maximum sentence he faced was three years eight months. Johnson failed to appear for his sentencing hearing on September 18, 2013. He was arrested on the warrant issued for his failure to appear, and on October 7, 2013, was sentenced to formal probation and ordered to participate in the drug court program. He was ordered to enroll in an approved drug program. A review hearing was scheduled for