People v. Johnson CA2/8

Filed 7/19/22 P. v. Johnson CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, B317094

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA141155) v.

TERRENCE KAISER JOHNSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Allen J. Webster, Jr., Judge. Affirmed.

Mark D. Lenenberg, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Noah P. Hill and Kathy S. Pomerantz, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

Terrence Kaiser Johnson appeals the judgment entered after a remand from this court for resentencing. We previously affirmed his convictions for two counts of forcible rape (Pen. Code1, § 262, subd. (a)(2)) and one count of forcible oral copulation (§ 288a, subd. (c)(2)(A)) and the true findings on the multiple victim allegations (§ 667.61, subds. (b) & (e) (One Strike law)), the prior strike conviction allegations (§§ 667, subd. (d) & 1170.12, subd. (b) (Three Strikes law)), and the personal use of a deadly or dangerous weapon allegation (§12022, subd. (b)(1)). On remand, the trial court denied appellant’s motion to strike his prior strike conviction and sentenced him to a total term of 80 years to life in prison, consisting of 25 years to life for the count 1 forcible rape conviction, pursuant to the One Strike law, doubled to 50 years pursuant to the Three Strikes law; a consecutive term of 15 years to life for the count 2 forcible rape conviction pursuant to the One Strike law, doubled to 30 years pursuant to the Three Strikes law; and a concurrent 4 year term for the forcible oral copulation conviction. Appellant appeals, contending the trial court abused its discretion in denying his motion to strike. He also contends the trial court erred in refusing to award him pre-sentence conduct credit. We find no abuse of discretion and no error and affirm the judgment.