People v. Johns CA2/4

Filed 5/30/24 P. v. Johns CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B330447

Plaintiff and (Los Angeles County Respondent, Super. Ct. No. BA458893)

v.

KENNETH JOHNS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Mark S. Arnold, Judge. Affirmed. Miriam K. Billington, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Appellant Kenneth Johns appeals his conviction and sentence. His appointed counsel filed a brief raising no issues and requesting that this court independently review the record for arguable issues pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). We have independently examined the entire record1 pursuant to Wende, supra, 25 Cal.3d 436, and conclude no arguable issues exist. We therefore affirm. PROCEDURAL HISTORY An amended information filed July 23, 2018 charged appellant with attempted murder (Pen. Code, §§ 187, subd. (a), 664),2 assault with a deadly weapon (§ 245, subd. (a)(1)), first degree murder (§ 187, subd. (a)), and possession of a firearm by a felon (§ 29800, subd. (a)(1)). The information alleged that appellant personally used a deadly weapon, a knife, during the attempted murder (§ 12022, subd. (b)(1)) and personally inflicted great bodily injury upon the attempted murder victim (§ 12022.7, subd. (a)). It further alleged that appellant personally and intentionally discharged a firearm and proximately caused great bodily injury and death to the murder victim. (§ 12022.53, subd. (d).) The information alleged that appellant suffered eight prior convictions (§ 667.5, subd. (b)). Appellant proceeded to jury trial in October 2018. The jury found appellant guilty as charged and found the enhancement allegations true. Prior to sentencing, the court granted appellant’s oral motion to proceed in propria persona pursuant to Faretta v.