People v. Johnson CA5

Filed 6/24/22 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F082441 Plaintiff and Respondent, (Tulare Super. Ct. No. VCF346180) v.

MYRON JOHNSON, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Melinda Myrle Reed, Judge. Brad Kaiserman, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Levy, J. and Detjen, J.

Appointed counsel for defendant Myron Johnson asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. Defendant did not respond. After filing the Wende brief, appointed counsel filed an application to expand appointment to include preparation of a petition for writ of habeas corpus to be filed in the trial court on the ground of ineffective assistance of counsel in misadvising defendant that he would receive “half-time” credits in prison. We affirm the judgment but will expand appointed counsel’s appointment. BACKGROUND Between about November 1, 2016, and December 1, 2016, defendant, who had a prior felony conviction, persuaded four victims under the age of 18 years to engage in commercial sex acts. On January 20, 2017, defendant possessed a firearm. On December 8, 2017, in case No. VCF346180, the Tulare County District Attorney filed an information charging defendant with three counts related to firearm and ammunition possession. The same day, in case No. VCF346256, an information was filed charging defendant with 20 counts related to trafficking of a minor, pimping, and pandering against four victims. On May 30, 2019, the trial court held a change of plea hearing. The following discussion occurred:

“THE COURT: [That term is c]oncurrent?

“THE DEFENDANT: With half time.

“[DEFENSE COUNSEL]: And all of these offenses carry half time.