People v. Johnson CA5

Filed 3/8/24 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F086210 Plaintiff and Respondent, (Super. Ct. No. F18900171) v.

KENNETH JOHNSON, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Mark E. Cullers, Judge. Brad J. Poore, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

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

Defendant Kenneth Johnson pled no contest to second degree murder pursuant to a negotiated plea agreement. The trial court sentenced defendant to the negotiated term of 15 years to life in prison. Defendant’s appointed counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, identifying no error and asking the court to determine whether there were any arguable issues on appeal. Defendant was afforded an opportunity to submit a supplemental brief but failed to do so in the time allotted. We have conducted an independent review of the record and find no error. We affirm. PROCEDURAL BACKGROUND On October 1, 2019, the Fresno County District Attorney filed an information charging defendant with the murder of J.E. (Pen. Code, § 187, subd. (a);1 count 1). On March 2, 2023, defendant pled no contest to second degree murder on count 1 pursuant to a negotiated plea agreement. The plea agreement specified a term of imprisonment of 15 years to life. The parties stipulated that the trial court would find a factual basis for the plea in the preliminary hearing transcript and police reports pursuant to People v. West.2 The trial court conducted a plea colloquy and found that defendant knowingly and intelligently waived his rights and entered the no contest plea. On April 27, 2023, the trial court sentenced defendant to the stipulated sentence of 15 years to life in prison (§ 190, subd. (a)) and awarded him credit for 1943 actual days

1 All further statutory references are to the Penal Code except as otherwise noted. 2 People v. West (1970) 3 Cal.3d 595. In In re Alvernaz (1992) 2 Cal.4th 924, 932, the court characterized a West plea as a “plea of nolo contendere, not admitting a factual basis for the plea.” Such a plea “allows a defendant to plead guilty in order to take advantage of a plea bargain while still asserting his or her innocence.” (People v. Rauen (2011) 201 Cal.App.4th 421, 424.)