People v. Johnson CA3

Filed 10/23/20 P. v. Johnson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yolo) ----

THE PEOPLE,

Plaintiff and Respondent, C091047

v. (Super. Ct. No. CRF-2018- 5883-1) MICHAEL ALLEN JOHNSON,

Defendant and Appellant.

Defendant Michael Allen Johnson stole credit and debit cards and other items from a car and used the cards to make purchases. He pleaded guilty to second degree burglary and various crimes involving the use of the credit and debit cards, and the trial court sentenced him to 16 years in prison.

1

Defendant now contends (1) we must strike the two prior prison term enhancements because Penal Code section 667.5, subdivision (b)1 has been repealed as to all prison priors except for those for sexually violent offenses, and (2) the trial court should have stayed, under section 654, three of the counts for using another person’s personal information to obtain goods. We conclude (1) we must strike the two prior prison term enhancements under section 667.5, subdivision (b) because the enhancements are no longer authorized, and (2) section 654 did not require the trial court to stay the terms for three counts of using another person’s personal information to obtain goods. We also conclude (3) the abstract of judgment must be corrected to conform to the judgment. We will strike the two prior prison term enhancements, otherwise affirm the judgment, and direct the trial court to prepare an amended and corrected abstract of judgment. BACKGROUND Defendant pleaded no contest to one count of second degree burglary (§ 459 -- count 1), six counts of using another person’s personal information to obtain goods (§ 530.5, subd. (a) -- counts 2-7), and one count of using another person’s access card (§ 484e, subd. (d) -- count 8). He also admitted that he had prior strike convictions and that he served prior prison terms under section 667.5, subdivision (b). Defendant entered his plea in exchange for the assurance that he would not be sentenced to a life term under the three strikes law. The trial court struck the punishment on one of the prior strike convictions and sentenced defendant to an aggregate term of 16 years in prison, consisting of six years for second degree burglary, a consecutive 16 months each for the six counts of using another