People v. Johnson CA6

Filed 9/28/16 P. v. Johnson CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H041579 Plaintiff and Respondent, (Monterey County Super. Ct. No. SS131701A) v.

CEDRIC CHESTER JOHNSON,

Defendant and Appellant.

THE PEOPLE, H042761 (Monterey County Plaintiff and Respondent, Super. Ct. Nos. SS150250A, SS150256A, SS150683A) v.

CEDRIC CHESTER JOHNSON,

Defendant and Appellant.

I. INTRODUCTION Defendant Cedric Chester Johnson appeals from final judgments related to four criminal actions. Appointed counsel filed an opening brief summarizing the cases but raising no issues. We notified defendant of his right to submit written argument on his own behalf. Defendant responded by filing a supplemental brief. Pursuant to People v. Wende (1979) 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the appellate records in their entirety and find no

arguable issues on appeal. Following the California Supreme Court’s direction in Kelly, we provide “a brief description of the facts and procedural history of the case[s], the crimes of which the defendant was convicted, and the punishment imposed.” (Id. at p. 110.) We discuss defendant’s contentions and explain why we will affirm the judgments. (Ibid.) II. DISCUSSION A. H041579 Defendant was charged with assault with a deadly weapon on a peace officer (Pen. Code, § 245, subd. (c)), with two prior prison terms (§ 667.5, subd. (b)).1 According to the preliminary hearing transcript, in August 2013 officers were dispatched to a residence to respond to a possible restraining order violation. Defendant, who was leaving the scene as the officers arrived, “slightly struck” an officer in the knee with his car travelling about five to eight miles per hour. In May 2014, the information was orally amended to add a misdemeanor count of being an accessory to battery on a peace officer (§§ 32, 245, subd. (c)). Defendant pleaded no contest to that charge. Imposition of sentence was suspended and defendant was placed on three years’ conditional probation. The court imposed a base fine and penalty assessments totaling $2502 (§ 672), a $150 restitution fund fine (§ 1202.4, subd. (b)), a suspended $150 probation revocation fine (§ 1202.44), a $40 court operations assessment (§ 1465.8, subd. (a)(1)), and a $30 court facilities assessment (Gov. Code, § 70373). Defendant filed a timely notice of appeal indicating a challenge to the sentence or other matters occurring after the plea.