People v. Johnson CA2/8

California Court of Appeal Apr 29, 2016 No. B262603Unpublished

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Holding. The trial court did not abuse its discretion in sentencing the defendant to prison rather than reinstating probation following his federal firearm conviction, as the court properly considered the defendant's history of firearm offenses and probation violations.

Issues

Did the trial court abuse its discretion by sentencing the defendant to prison instead of reinstating probation after he admitted to a probation violation?

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Sentencing choices such as the one at issue here, whether to reinstate probation or sentence a defendant to prison, are reviewed for abuse of discretion.”

“The trial court may consider the defendant’s probation performance when deciding whether to reinstate probation after a violation.”

“Sentencing him to prison under these circumstances did not exceed the bounds of reason.”

Filed 4/29/16 P. v. Johnson CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B262603

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA061528) v.

ANTHONY JOHNSON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Martin L. Herscovitz, Judge. Affirmed.

Katharine Eileen Greenbaum, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Stephanie A. Miyoshi and William N. Frank, Deputy Attorneys General, for Plaintiff and Respondent.

__________________________

Defendant and appellant Anthony Johnson was convicted of willfully inflicting corporal injury upon the mother of his child (Pen. Code, § 273.5) and sentenced to probation. Subsequently, he was convicted, in federal district court, of being a felon in possession of a firearm (18 U.S.C. § 922(g)(1)), and sentenced to federal prison. After he was released from prison, he was arrested on a bench warrant for violating probation. In light of his federal conviction, he admitted a violation. Defendant sought reinstatement of probation; instead, the trial court sentenced him to prison. Defendant appeals.

People v. Johnson CA2/8

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B262603

ANTHONY JOHNSON,

FACTUAL AND PROCEDURAL BACKGROUND

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DISCUSSION

DISPOSITION

BIGELOW, P. J. GRIMES, J.

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