P. v. Johnson

Filed 1/16/07  P. v. Johnson CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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 CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

            APPEAL from a judgment of the Superior Court of Los Angeles County.

John J. Cheroske, Judge.  Affirmed.

            Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant.

            No appearance for Plaintiff and Respondent.

________________________

            Following the denial of his motion to suppress illegally seized evidence, Lloyd Joseph Johnson pleaded no contest to carrying a concealed dirk or dagger.  He was sentenced to three years in state prison.  He filed a notice of appeal.[1] 

            Patrol officers arrived within three to five minutes at the scene after receiving a report of a person stabbing a dog.  They found the dog bleeding from cuts around his mouth.  Minutes later, the officers saw Johnson, two blocks away, pushing a shopping cart on the street.  He matched the description of the individual who had been seen stabbing the dog and was the sole pedestrian in the area.  Johnson complied with the officers' order to stop and to place his hands on his head.  In response to an officer's question, Johnson said he had a knife in his sleeve.  A search of Johnson yielded a knife and he was placed under arrest.[2]  

            An information was filed charging Johnson with carrying a concealed dirk or dagger in violation of Penal Code section 12020, subdivision (a)(4).  The information further alleged Johnson had suffered one prior serious or violent felony conviction, making him eligible for sentencing under the â€