People v. Johnson CA5

Filed 6/14/22 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F083702 Plaintiff and Respondent, (Fresno Super. Ct. No. CF99629214) v.

ADRIAN DAVID JOHNSON, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Jonathan B. Conklin, Judge. Elizabeth Campbell, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P. J., Detjen, J. and Peña, J.

INTRODUCTION Appellant and defendant Adrian David Johnson was convicted of violating Penal Code1 section 243, subdivisions (c) and (d) with two prior strike convictions and sentenced to a third strike term of 25 years to life in 1999. In 2021, the trial court denied appellant’s petition for resentencing under Proposition 47. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) We affirm. FACTS2 “ ‘On September 4, 1998, two paramedics, a male and a female, were dispatched to assist [appellant’s] ostensible girlfriend who was complaining of abdominal pain. Apparently displeased with the speed and manner of the paramedics’ treatment, [appellant] followed them to their vehicle and severely beat them. The male suffered a facial fracture, trauma to the eye, resulting in vision problems, chipped teeth, and nerve damage to three teeth. The female was knocked unconscious and suffered residual brain and neurological damage, including optical migraines and problems with vertigo.’ ” (People v. Johnson, supra, 244 Cal.App.4th at p. 387, fn. omitted.) PROCEDURAL BACKGROUND On April 1, 1999, an information was filed in the Superior Court of Fresno County charging appellant with counts1 and 2, willfully and unlawfully using force and violence resulting in the infliction of serious bodily injury (§ 243, subd. (d)), with special allegations that he personally inflicted great bodily injury on a person other than an accomplice (§§ 667, 1192.7); counts 3 and 4, assault by means of force likely to produce