People v. Johnson CA2/1

Filed 1/4/21 P. v. Johnson CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B306930

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA035569) v.

NATHANIEL JOHNSON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Edmund Willcox Clarke, Jr., Judge. Appeal dismissed. Nathaniel Johnson, in pro. per.; and Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Nathaniel Johnson appeals from an order denying his petition for a writ of habeas corpus. Because the order is nonappealable, the appeal is dismissed.

I. In 1998 Nathaniel Johnson was convicted by plea of receiving stolen property (Pen. Code,1 § 496, subd. (a)) and carjacking (§ 215, subd. (a)), and he admitted using a firearm in the commission of the carjacking. (§ 12022.5, subd. (a).) The court sentenced him to 10 years 8 months in prison. In 2010, a jury convicted Johnson of three counts of second degree robbery (§ 211) and one count of first degree residential burglary (§ 459). The jury also found true allegations that he personally used a deadly weapon in the commission of two of the robbery counts. (§ 12022, subd. (b)(1).) Based on the 1998 conviction, the court found that he had served a prior prison term (§ 667.5, subd. (b)), he had been convicted of a prior serious felony (§ 667, subd. (a)(1)), and he had been convicted of a serious or violent felony within the meaning of the “Three Strikes” law. (§§ 1170.12, subds. (a)–(d), 667, subds. (b)–(i).) The court sentenced him to 24 years 8 months in prison. On appeal from that judgment, Division Six of this court modified the judgment by striking the one-year enhancement imposed under section 667.5, subdivision (b), and affirmed the judgment as modified. (People v. Johnson (May 16, 2011, B223724) [nonpub. opn.].) On May 12, 2020, Johnson filed a petition for writ of habeas corpus in the superior court. He alleged that when he