People v. Johnson CA4/3

Filed 7/1/16 P. v. Johnson CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G052751

v. (Super. Ct. No. 14NF1524)

TYLER JOHN JOHNSON, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, J. Michael Beecher, Retired Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed. Joshua L. Siegel, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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A jury convicted defendant Tyler John Johnson of second degree robbery, and found true two firearm use enhancements (Pen. Code, §§ 211, 212.5, subd. (c), 12022.5. subd. (a), 12022.53, subd. (b)). The court sentenced defendant to 13 years in prison, consisting of the three-year middle term for the robbery plus a consecutive 10- year term for one of the two firearm enhancements. We appointed counsel to represent defendant on appeal. Counsel filed a brief summarizing the proceedings and facts of the case and advised the court he found no arguable issues to assert on defendant’s behalf. (Anders v. California (1967) 386 U.S. 738; People v. Wende (1979) 25 Cal.3d 436.) To assist us in our independent review of the record, counsel suggested we consider the issues discussed below. Counsel and this court both notified defendant that he could file a supplemental brief on his own behalf. However, we received no supplemental brief from him and the time to file one has passed. FACTS AND PROCEDURAL HISTORY We recite the facts in the light most favorable to the judgment, drawing all reasonable inferences in support thereof. (People v. Rodriguez (1999) 20 Cal.4th 1, 11; People v. Villasenor (2015) 242 Cal.App.4th 42, 47-48.) 1. Prosecution Evidence Early one morning in 2013 Kelli Hoover was loading things into her car when she noticed defendant, standing a few feet away at the entrance of her garage, blocking her exit. Defendant was holding a semiautomatic handgun with a square muzzle. Defendant pointed the gun at Hoover, and told her to give him her purse. He then racked the gun and demanded her purse again, at which point Hoover complied. Defendant next asked for Hoover’s phone, but Hoover said it was inside her apartment. Defendant also asked for Hoover’s keys, explaining he wanted to throw them, so Hoover gave him her keys as well. Defendant then threw the keys and left the area.