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People v. Johnson

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX
Feb 11, 2013
2d Crim. No. B242192 (Cal. Ct. App. Feb. 11, 2013)

Opinion

2d Crim. No. B242192

02-11-2013

THE PEOPLE, Plaintiff and Respondent v. JAMISON PAUL JOHNSON, Defendant and Appellant.

California Appellate Project, under appointment by the Court of Appeal, Jonathan B. Steiner, Executive Director and Richard B. Lennon, Staff Attorney for Defendant and Appellant.


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5.

(Super. Ct. No. 2008012134)

(Ventura County)

Jamison Paul Johnson appeals from a May 16, 2012 order revoking probation and sentencing him to 15 years state prison. On August 11, 2008, appellant entered a guilty to second degree robbery (Pen. Code, § 211) and admitted a street gang enhancement (§ 186.22, subd. (b)(1)). The trial court suspended imposition of sentence and granted probation with 365 days county jail.

All statutory references are to the Penal Code.

On March 10, 2009, appellant was charged with violating probation for failure to register as a gang member. The trial court reinstated probation on April 10, 2009, after appellant admitted violating probation and, in case number 2009003736, pled guilty to street terrorism (§ 186.22, subd. (a)) and grand theft (§ 487, subd. (a)) and was granted probation with jail.

In September 28, 2010, appellant was charged with violating probation and making criminal threats in case number 2010032716. The trial court found appellant in violation of probation on May 16, 2012 based on evidence that appellant made criminal threats on a friend and friend's mother, violated a restraining order, and tried to dissuade the victim from testifying. The court revoked probation and sentenced appellant in case number 2008012134 to 15 years based on a five year upper term for robbery and ten years on the gang enhancement. Appellant was awarded 1,001 days presentence custody credits and ordered to pay a $200 restitution fine (§ 1202.4, subd. (b)) and a $200 parole revocation fine (§ 1202.45).

We appointed counsel to represent appellant in this appeal. After counsel's examination of the record, he filed an opening brief in which no issues were raised.

On November 15, 2012, we advised appellant that he had 30 days within which to personally submit any contentions or issues he wished us to consider. We have received no response from appellant. Appellant's notice of appeal includes a request for certificate of probable cause (§ 1237.5, subd. (a)) alleging that he was denied effective assistance of counsel. This contention is not supported by the record. (Strickland v. Washington (1984) 466 U.S. 668, 687 [80 L.Ed.2d. 674, 693]; People v. Bolin (1998) 18 Cal.4th 297, 333.)

We have reviewed the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 443; People v. Kelly (2006) 40 Cal.4th 106, 126.)

The judgment is affirmed.

NOT TO BE PUBLISHED.

YEGAN, J. We concur:

GILBERT, P.J.

PERREN, J.

Kevin G. Denoce, Judge


Superior Court County of Ventura

California Appellate Project, under appointment by the Court of Appeal, Jonathan B. Steiner, Executive Director and Richard B. Lennon, Staff Attorney for Defendant and Appellant.

No appearance for Respondent.


Summaries of

People v. Johnson

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX
Feb 11, 2013
2d Crim. No. B242192 (Cal. Ct. App. Feb. 11, 2013)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent v. JAMISON PAUL JOHNSON, Defendant…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX

Date published: Feb 11, 2013

Citations

2d Crim. No. B242192 (Cal. Ct. App. Feb. 11, 2013)