P. v. Johnson CA2/8

Filed 4/26/13 P. v. Johnson CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B241562

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA090680) v.

MAURICE JOHNSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Arthur H. Jean, Jr., Judge. Affirmed.

Gerald Peters, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Lawrence M. Daniels and Allison H. Chung, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant Maurice Johnson appeals from his convictions of attempted murder, shooting at an occupied motor vehicle, assault with a firearm and possession of a firearm by a felon. He contends: (1) imposition of a Penal Code section 667.5 enhancement on two counts was error; (2) the trial court failed to state valid reasons for selecting the upper term; and (3) trial counsel was ineffective in failing to object to these two sentencing errors.1 We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Because defendant does not challenge the sufficiency of the evidence, a detailed statement of facts is not necessary. It is sufficient to state that in the early morning hours of October 31, 2011, Douglas Price sustained two gunshot wounds when defendant fired multiple rounds from a .22-caliber rifle at Price, while Price was sitting in his car. Defendant was charged in a Third Amended Information with attempted murder (count 1); shooting at an occupied vehicle (count 2); assault with a firearm (count 3); and possession of a firearm by a felon (count 4).2 As to all counts, three section 667.5 prior prison terms were alleged. As to counts 1 and 2, section 12022.53, subdivisions (b), (c) and (d) gun use enhancements were also alleged. As to counts 1 and 3, section 12022.7 great bodily injury enhancements were alleged. Defendant pled guilty to count 4 and admitted the prior conviction allegations. The jury found defendant guilty of counts 1, 2 and 3 and found true the gun use and great bodily injury enhancements as to each of those counts. Defendant was sentenced to a total of 37 years to life in prison comprised of: