P. v. Johnson CA3

Filed 3/28/13 P. v. Johnson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COPY IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Shasta) ----

THE PEOPLE, C070854

Plaintiff and Respondent, (Super. Ct. Nos. MCRDCRF110000731, v. MCRDCRF110004971)

DAVID DOYLE JOHNSON,

Defendant and Appellant.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436. Having reviewed the record as required by Wende, we affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND We provide the following brief description of the facts and procedural history of the case.1 (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

1Our statement of facts is taken from the probation officer’s report and is limited to the matters resolved by defendant’s plea.

1

In February 2011, in case No. MCRDCRF110000731, defendant David Doyle Johnson entered the residence of the victim, his former cohabitant, who was in the process of ending their relationship of several years. Defendant took the victim’s car keys, cellular phone and cash from her purse. They began to argue and, when the victim attempted to leave, he pushed her to the ground and struck her in the face. He would not allow her to leave the residence, nor would he return the cell phone so she could call law enforcement. The next day she contacted law enforcement after driving defendant to his residence. In November 2011, in case No. MCRDCRF110004971, defendant acknowledged to the Shasta County District Attorney’s Bad Check Unit that he had written a number of checks on accounts that had been closed or did not contain sufficient funds. Defendant pleaded no contest to infliction of corporal injury on a cohabitant (Pen. Code, § 273.5, subd. (a)) and false imprisonment by violence (Pen. Code, §§ 236, 237) (case No. MCRDCRF110000731), and writing checks without sufficient funds (Pen. Code, § 476a, subd. (a)) (case No. MCRDCRF110004971). In exchange, several related counts and a strike allegation were dismissed. In addition, an unrelated infraction was dismissed with a Harvey waiver.2 Imposition of sentence was suspended and defendant was placed on probation for three years on the condition, among others, that he serve 365 days’ incarceration with credit for 365 days; he waived presentence credit in excess of that amount. Defendant was ordered to make restitution to his victims and to pay a $1,200 restitution fine (Pen. Code, § 1202.4), a $1,200 restitution fine suspended unless probation is revoked (Pen. Code, § 1202.44), a $200 fine (Pen. Code, § 672) plus penalty assessments, a $400 domestic violence fine (Pen. Code, former § 1203.097, subd. (a)(5) [now $500]), a