People v. Johnson CA5

Filed 1/25/21 P. v. Johnson CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F079350 Plaintiff and Respondent, (Kern Super. Ct. No. BF149266A) v.

ORION GARNELL JOHNSON, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Michael E. Dellostritto, Judge. Tonja R. Torres, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez and Jennifer Oleska, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P.J., Franson, J. and Meehan, J.

In a previous appeal, we remanded this matter for resentencing in light of Senate Bill No. 1393 (2017–2018 Reg. Sess.). On remand, defendant and appellant Orion Garnell Johnson made a Romero1 motion, which the trial court denied. He contends the court’s ruling was error, but we reject his contention. We remand for recalculation of custody credits but otherwise affirm the judgment. FACTS2 An amended information filed November 10, 2015, charged defendant with four counts of second degree robbery (counts 1, 2, 4, 8; Pen. Code, § 212.5, subd. (c)),3 one count of transporting methamphetamine (count 3; Health & Saf. Code, § 11379, subd. (a)), two counts of making criminal threats (count 5, 9; § 422), one count of possessing of methamphetamine for sale (count 6; Health & Saf. Code, § 11378), one count of failing to notify of property damage after a vehicle accident (count 7; Veh. Code, § 20002, subd. (a)); and one count of felony vandalism (count 10; § 594, subd. (b)(1).) The information also alleged the following enhancements: a deadly weapon enhancement (§§ 667, subd. (e)(2)(C)(iii), 1170.12, subd. (c)(2)(C)(iii)) as to count 6; an enhancement for a prior controlled substance conviction (see Health & Saf. Code, § 11370.2, subd. (c)) as to counts 3 and 6; an onbail enhancement (§ 12022.1) for counts 4 through 6; two onbail enhancements (§ 12022.1) for counts 8 through 10; nine prior serious felony conviction enhancements (§ 667, subd. (a)); two prior prison term enhancements (§ 667.5, subd. (a)) as to counts 1, 2, 4, 5, 8, and 9; nine prior strike