People v. Johnson CA1/4

Filed 9/30/21 P. v. Johnson CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, A160964 v. TOMMY EDWARD (Contra Costa County JOHNSON, JR., Superior Court No. 52001477) Defendant and Appellant.

MEMORANDUM OPINION1 Counsel for Tommy Edward Johnson, Jr., has filed an opening brief asking that this court conduct an independent review of the record for arguable issues—i.e., those that are not frivolous, as required by People v. Wende (1979) 25 Cal.3d 436 (Wende). Counsel also informed defendant that he had the right to file a supplemental brief on his own behalf, but defendant declined to do so. We conclude that there are no meritorious issues to be argued and shall affirm the judgment.

We resolve this case by a memorandum opinion pursuant 1

to the California Standards of Judicial Administration, section 8.1.

1

Based on incidents that occurred on November 30, 2019 and December 6, 2019, Johnson was charged in a nine-count complaint filed on December 10, 2019. After the preliminary hearing, the People filed an eight-count information, with counts 1 through 7 relating to the events of November 30, 2019, and count 8 relating to the incident on December 6, 2019. Johnson filed a motion to dismiss all charges pursuant to Penal Code section 1382 and a motion to dismiss count 8 pursuant to Penal Code section 995. The trial court denied both motions. Defendant then brought a motion seeking a new attorney under People v. Marsden (1970) 2 Cal.3d 118 (Marsden), which the trial court also denied. Defendant thereafter pled no contest to count 6 (assault with force likely to cause great bodily injury) and count 8 (first degree residential burglary) per the terms of a negotiated agreement. Consistent with the parties’ agreement, the court sentenced defendant to the mid-term of four years on count 8 and to a concurrent mid-term of three years on count 6, with 243 days of credit for time served. At Johnson’s request, the court imposed no fines and fees based on its finding of Johnson’s indigency; at the People’s request, the court reserved ruling on victim restitution. Our review of the record establishes that there are no meritorious issues to be argued. Johnson’s pre-plea motions were properly denied.2 In addition, Johnson was advised of his rights