People v. Johns CA1/5

Filed 8/17/22 P. v. Johns CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, Plaintiff and Respondent, A162571 v. MICHAEL DENNIS JOHNS, JR., (Solano County Defendant and Appellant. Super. Ct. No. FCR341721)

Michael Dennis Johns, Jr., was charged in an information with two counts of felony driving under the influence with three prior convictions for driving while under the influence within the past 10 years (counts 1 and 2; Veh. Code,1 §§ 23152, subds. (a) & (b), 23550); misdemeanor hit and run with property damage (count 3; § 20002, subd. (a)); and misdemeanor driving without a license (count 4; § 12500, subd. (a)). A jury convicted Johns of driving under the influence (§ 23152, subd. (a)), hit and run with property damage (§ 20002, subd. (a)), and driving without a license (§ 12500, subd. (a)). The court found true three prior convictions for driving while under the influence with the past 10 years (§ 23550). On appeal, however, Johns challenges only his misdemeanor hit and run conviction. He argues there

1 All statutory references are to the Vehicle Code unless otherwise stated.

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was insufficient evidence of property damage and insufficient evidence that he knew of property damage. We disagree and affirm. FACTUAL AND PROCEDURAL BACKGROUND About 8:40 a.m. on November 9, 2018, Johns drove into the warehouse area behind Dependable Heating & Air Conditioning (Dependable). The warehouse area is not used by customers. A gate at the entrance to the area had a sign stating “ ‘Employees only.’ ” Eric M., Dependable’s warehouse manager, approached Johns and asked, “ ‘Can I help you?’ ” Johns did not respond. Eric then asked, “ ‘Are you all right?’ ” and Johns said, “ ‘Yeah.’ ” Johns then drove toward the building and ran into a pile of metal piping stacked next to the side of the warehouse. The collision dented the piping, causing approximately $20 to $30 of damage. Johns then backed up and collided with a 12-foot pallet of insulation material, causing the insulation to shift off the pallet. Johns revved the engine, and it sounded as if the car was in neutral. He then drove forward and almost collided with a 15-foot trailer, missing it by about a foot. Then he backed up and drove out of the warehouse area. Other than responding, “ ‘Yeah,’ ” to Eric’s initial inquiry, Johns said nothing else. He never got out of the car, identified himself, or provided any insurance information before he left the scene. Immediately after Johns collided with the pile of piping, Eric began video recording Johns’s actions with his cell phone. He recorded Johns backing up into the pallet of insulation material and then driving away. Eric later gave the video to the police. The police officer viewed Eric’s video when he responded to the scene, which showed the license plate number of Johns’s car. Based on the information from the license plate number, the police went to Johns’s home and arrived about 9:03 a.m. Johns’s car was in the