People v. Johnson CA4/1

Filed 3/30/21 P. v. Johnson CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D077899

Plaintiff and Respondent,

v. (Super. Ct. No. PLE63602)

KEVIN ANTOINE JOHNSON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Peter C. Deddeh, Judge. Affirmed.

Heather L. Beugen, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland and Stephanie H. Chow, Deputy Attorneys General, for Plaintiff and Respondent. Defendant Kevin Antoine Johnson was charged in People v. Johnson, San Diego County Superior Court case No. SCD286261, with committing new criminal offenses while on parole. After a contested parole hearing held

concurrently with a preliminary hearing in case No. SCD286261, the court on July 27, 2020, found defendant violated parole, revoked his parole, and remanded him to the custody of the sheriff pending the conclusion of case No. SCD286261. Defendant contends that the court violated his right to due process of law by holding a single parole violation and revocation hearing; that he was prejudiced by the simultaneous proceeding because his counsel was unprepared for the parole revocation hearing; and that hearsay testimony, which was properly introduced at the preliminary hearing, was improperly presented for parole revocation. As we explain, we reject these contentions and affirm the order revoking defendant’s parole. FACTUAL BACKGROUND At about 9:00 p.m. on June 5, 2020, defendant went to his aunt’s second floor apartment located in an apartment complex in San Diego. About 45 minutes later, San Diego Police Department officers responded to a report of a fire at the complex. On arrival, officers saw no fire, but activity in an alley behind the complex. Two other officers who had already arrived at the scene motioned the officers to a broken window of a second floor apartment. Directly below the window was a microwave oven resting on the roof of a parked car. The officers heard a woman screaming from what appeared to be the same second floor apartment. Officers then went to that apartment and, while in the doorway, saw an elderly woman sitting against the wall and a man later identified as defendant kneeling in the middle of the apartment with his hands up. He was screaming and appeared to be under the influence. Defendant became violent when officers entered the apartment. One of the officers felt defendant attempting to tug at his duty belt where his gun