People v. Johnson CA3

Filed 3/12/24 P. v. Johnson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

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

THE PEOPLE, C099363

Plaintiff and Respondent, (Super. Ct. No. 01F02481)

v.

WALTER JOHNSON,

Defendant and Appellant.

Defendant Walter Johnson appeals from the denial of his postconviction petition for relief under Penal Code section 1172.6.1 Counsel for defendant filed a brief seeking our independent review under People v. Wende (1979) 25 Cal.3d 436 and People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) to determine whether there are any

1 Further undesignated statutory references are to the Penal Code.

Effective June 30, 2022, the Legislature renumbered former section 1170.95 to section 1172.6. (Stats. 2022, ch. 58, § 10.) There were no substantive changes to the statute. Defendant filed his petition under former section 1170.95, but we will cite to the current section 1172.6 throughout this opinion.

1

arguable issues on appeal. Defendant also filed a supplemental brief in propria persona. Rejecting defendant’s claims of error, we will affirm. BACKGROUND In 2002, a jury found defendant guilty of the premeditated attempted murder of his wife using a deadly weapon, assaulting her friend with that deadly weapon, and residential burglary. (§§ 664/187, subd. (a), 245, subd. (a)(1), 459, 12022, subd. (b).) The jury also found defendant inflicted great bodily injury on each victim under circumstances involving domestic violence. (§ 12022.7, subd. (e).) The trial court sentenced defendant to life in prison plus a 15-year determinate term. (People v. Johnson (Feb. 8, 2005, C042532) [nonpub. opn.] (Johnson).) Briefly, defendant and R.R. were married for four years and lived at R.R.’s house.2 While defendant was in prison, R.R. informed defendant she decided to leave him. In response, defendant threatened to stalk, hurt, or kill her. (Johnson, supra, C042532.) When defendant was released from prison, he went to R.R.’s home, where she awoke in bed to see him standing over her holding a night stick. R.R.’s friend was sleeping next to her. Defendant hit the friend in the head and face with the nightstick. When R.R. screamed, defendant hit R.R. in the head and face, and she passed out. When she regained consciousness, defendant was gone. (Johnson, supra, C042532.) Defendant claimed he was not upset about the breakup, and he was staying with friends the night of the attack. (Johnson, supra, C042532.) Defendant appealed his conviction, and another panel of this court affirmed the judgment. (Johnson, supra, C042532.)