P. v. Johnson
Filed
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF
SECOND APPELLATE DISTRICT
DIVISION ONE
THE PEOPLE, Plaintiff and Respondent, v. MELVIN JOHNSON, Defendant and Appellant. | B192448 (Super. |
APPEAL from a judgment of the Superior Court of Los Angeles County. Craig E. Veals, Judge. Dismissed.
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Elizabeth A. Missakian, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
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Pursuant to a plea bargain, Melvin Johnson pleaded guilty to one count of child abuse in violation of Penal Code section 273a, subdivision (a), and one count of felony vandalism in violation of Penal Code section 594, subdivision (a).[1] He also admitted the special allegation in the child abuse count that he had inflicted great bodily injury within the meaning of section 12022.7, subdivision (a), and he admitted that he suffered two prior serious or violent felony convictions under section 667, subdivision (a)(1), and one prior serious or violent felony conviction under section 1170.12, subdivisions (a)-(d), and section 667, subdivisions (b)-(i).
One other count, apparently for violation of section 422, was dismissed at the conclusion of the preliminary hearing. The amended information also alleged two additional prior serious or violent felony convictions under section 1170.12, subdivisions (a)-(d), and section 667, subdivisions (b)-(i), and one additional prior serious or violent felony conviction under section 667, subdivision (a)(1), but those allegations were dismissed pursuant to the plea bargain.
Pursuant to the plea bargain, the trial court sentenced Johnson to 22 years and 4 months, with presentence credit of 156 days, and ordered him to pay a restitution fine of $200. The sentence consisted of the mid-term of 4 years on the child abuse count, doubled pursuant to section 1170.12, subdivisions (a)-(d), and section 667, subdivisions (b)-(i), plus 3 years pursuant to section 12022.7, subdivision (a), plus 5 years for each of the prior convictions under section 667, subdivision (a)(1) (for a total of 21 years on the child abuse count), plus one-third of the mid-term of 24 months on the vandalism count, doubled pursuant to section 1170.12, subdivisions (a)-(d), and section 667, subdivisions (b)-(i) (for a total of 16 months on the vandalism count).
At the preliminary hearing, the child abuse victim, a 14-year-old girl, testified that Johnson repeatedly hit her in the mouth with his fist, knocking out a tooth. The arresting officer testified that after being placed in the patrol car, Johnson became aggressive and combative and kicked out the passenger side rear window.
Johnson filed a notice of appeal and sought a certificate of probable cause. The trial court denied his request.
We appointed counsel to represent Johnson on appeal. After examination of the record, counsel filed an opening brief raising no issues and asking us independently to review the record pursuant to People v. Wende (1979) 25 Cal.3d 436. On
We have examined the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Kelly (2006) 40 Cal.4th 106, 119, 124.) Because this appeal from a conviction upon a guilty plea violates section 1237.5 and also California Rules of Court, rule 30(b), we conclude that the appeal must be dismissed. (People v. Mendez (1999) 19 Cal.4th 1084, 1099.)
DISPOSITION
Johnson's appeal is dismissed.
NOT TO BE PUBLISHED.
ROTHSCHILD, J.
We concur:
MALLANO, Acting P.J.
VOGEL, J.
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[1] All further statutory references are to the Penal Code.
