Fear Not Law Articles: P. v. Johnson

P. v. Johnson

Filed 2/6/07 P. v. Johnson CA4/2

Opinion following rehearing

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

JOSEPH AARON JOHNSON,

Defendant and Appellant.

E040448

(Super.Ct.No. FVI-022009)

OPINION

APPEAL from the Superior Court of San Bernardino County. Jules E. Fleuret, Judge. Affirmed.

Elizabeth A. Missakian, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

The District Attorney of San Bernardino County in case number FVI-022009 filed a felony complaint which alleged in count one a violation of Penal Code,^{^[1]} section 288, subdivision (a), lewd act upon a child, as well as a substantial sexual conduct special allegations filed pursuant to section 1203.066, subdivision (a)(8).

Thereafter, pursuant to section 859a, defendant, represented by counsel, pled guilty to count one and in accordance with the negotiated disposition the special allegation was stricken on motion of the District Attorney. (§ 1385.) As part of his plea bargain, defendant waived his right to appeal. On April 14, 2006, defendant was committed to state prison for eight years and awarded the appropriate custody credits. Defendant's request for a certificate of probable cause was granted by the trial court.

Facts^{^[2]}

The eleven-year-old victim told police that she was the 31-year-old defendant's girlfriend and they had been sleeping together. She said they had been in a romantic relationship for one year. She said the only act of sexual interplay between them involving oral copulation performed by defendant on her three and one-half months before his arrest (which was on the date alleged in the Complaint). Defendant had also written several letters to the victim and in one he referred to her being orally copulated. The defendant admitted to police that he had orally copulated the victim twice, during the same weekend, and had touched her in sexual areas and may have slightly inserted his finger in her vagina. Following his plea, defendant told the probation officer that his crime was â€

Description	The District Attorney of San Bernardino County in case number FVI-022009 filed a felony complaint which alleged in count one a violation of Penal Code, section 288, subdivision (a), lewd act upon a child, as well as a substantial sexual conduct special allegations filed pursuant to section 1203.066, subdivision (a)(8). Thereafter, pursuant to section 859a, defendant, represented by counsel, pled guilty to count one and in accordance with the negotiated disposition the special allegation was stricken on motion of the District Attorney. (S 1385.) As part of his plea bargain, defendant waived his right to appeal. On April 14, 2006, defendant was committed to state prison for eight years and awarded the appropriate custody credits. Defendant's request for a certificate of probable cause was granted by the trial court.
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