Whatley v. Johnson CA2/8

Filed 5/31/22 Whatley v. Johnson CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

YAUNTANELL K. WHATLEY, B310249

Plaintiff and Respondent, Los Angeles County Super. Ct. No. 18CHRO00997 v.

MELVIN VAN WHITTICKER JOHNSON, JR.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Timothy M. Weiner, Judge. Affirmed.

The Mines Law Firm and Jasmine A. Mines for Defendant and Appellant.

Jeff Lewis Law, Jeffrey Lewis and Sean C. Rotstan for Plaintiff and Respondent. ____________________

The trial court granted Yauntanell K. Whatley’s petition to renew a domestic violence protective order against Melvin Van Whitticker Johnson, Jr. Johnson appeals this order. Undesignated statutory references are to the Penal Code. I We recount the facts in the light favorable to the order. Whatley and Johnson had a daughter in late August 2017. On September 23, 2017, Whatley tried to end her relationship with Johnson. When Johnson left her house, Whatley locked the door and texted him not to return. Johnson broke down Whatley’s doors and chased and yelled at her. He took her cell phone from her and threatened to kill her and leave her in a ditch. She ran outside and cried for help from neighbors. Johnson dragged her back inside. Whatley held their infant daughter in her arms during these events. Johnson eventually left when Whatley’s neighbors said they had called the police. The court granted Whatley’s petition for a temporary protective order. It then held a hearing on Whatley’s petition for a domestic violence protective order under the Domestic Violence Prevention Act (Fam. Code, § 6200 et seq.). The trial court granted the protective order for a year, which it later extended to two years. In September 2018, police arrested Johnson. An information charged him with manufacturing an assault weapon (§ 30600, subd. (a)), possessing an assault weapon (§ 30605), and possessing a firearm in violation of a protective order (§ 29825). The prosecutor dismissed the first count, and Johnson pleaded nolo contendere to the other two counts. Whatley petitioned the court to renew the protective order. At the hearing, Whatley testified that Johnson continued to call