Opinion
E069876
08-29-2018
THE PEOPLE, Plaintiff and Respondent, v. RANDY JOHNSON, Defendant and Appellant.
Patricia L. Brisbois, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super.Ct.No. FVI1101809) OPINION APPEAL from the Superior Court of San Bernardino County. John M. Tomberlin, Judge. Affirmed. Patricia L. Brisbois, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
FACTUAL AND PROCEDURAL HISTORY
A. PROCEDURAL HISTORY
On February 2, 2014, an amended complaint charged defendant and appellant Randy Johnson with two counts of oral copulation with a child under age 10 under Penal Code section 288.7, subdivision (b) (counts 1, 4); one count of sexual penetration of a child under age 10 under section 288.7, subdivision (b) (count 2); three counts of committing a lewd and lascivious act on a child under age 14 under section 288, subdivision (a) (counts 3, 5, 6); one count of possessing child pornography under section 311.11, subdivision (a) (count 7); and one count of exhibiting or publishing child pornography under section 311.1, subdivision (a) (count 8).
All statutory references are to the Penal Code unless otherwise specified. --------
On February 7, 2014, the People filed an information charging defendant with two counts of violating section 288.7, subdivision (b); four counts of violating section 288, subdivision (a), adding alternative sentencing allegations under section 667.61, subdivision (a) and (d); one count of violating section 311.11, subdivision (a); and one count of violating section 311.1, subdivision (a).
On September 19, 2014, the trial court granted defendant's motion to represent himself. After representing himself for more than one year, on January 22, 2016, defendant orally moved for the appointment of counsel. The court granted defendant's request and a reappointed a public defender. Defendant later retained counsel.
On September 15, 2017, in exchange for a sentence of 34 years, defendant pled guilty to committing a lewd act under section 288, subdivision (a) (count 6); and two counts of continuing sexual abuse of a child under section 288.5, subdivision (a) (counts 9 & 10). Counts 9 and 10 were added in support of the plea agreement with defense counsel waiving any defects in the pleadings, as to two separate victims. The court relied on the transcript from the preliminary hearing as the factual basis for the plea. The court dismissed the remaining counts.
On November 17, 2017, the trial court imposed the agreed-upon sentence as follows: six years for the lewd act in count 6, and consecutive terms of 12 and 16 years for the two continuous sex abuse offenses in counts 9 and 10, for an aggregate term of 34 years in state prison. The court also imposed fines and fees. Moreover, the court awarded defendant presentence custody credit of 2,642 days.
On January 19, 2018, defendant filed a notice of appeal. The trial court denied defendant's request for a certificate of probable cause.
B. FACTUAL HISTORY
At the preliminary hearing, the evidence showed that in July of 2011, one of defendant's neighbors gave San Bernardino County Sheriff's Deputy Scott Nobles a thumb drive that contained photos of children engaged in sex acts. The thumb drive also contained files with defendant's name on it. Some of the images were children who had been to defendant's home. At least one of the children had previously lived in the same house with defendant and his family.
One child, C., told an investigator that defendant took pictures of her and had her put on fishnet stockings. Defendant also kissed her on the mouth. Another child, K., reported that defendant had made her pose nude for pictures, touched her breasts, put his penis in her mouth, and had her rub his penis.
During an interview with San Bernardino Sheriff's Department Detective Glenn Mellor, defendant admitted taking photos of K. and tickling her near her crotch area. Defendant denied having sexual relations with K. After speaking with K., Mellor told defendant to be honest about what had occurred. Thereafter, defendant admitted that he had K. rub his penis and put his penis in her mouth. Defendant also admitted trying to get her to put a toothbrush in her vagina but had her stop when she said it hurt.
Defendant denied any inappropriate conduct with a third child, A., who was K.'s younger sister. Detective Mellor, however, testified that he had observed A.'s videotaped interview; she said that defendant would play a tickle monster game and either pull up her dress or pull down her pants to ticket her private area with his hand and mouth.
DISCUSSION
After defendant appealed, and upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 setting forth a statement of the case, a summary of the facts, and potential arguable issues, and requesting this court to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, but he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error and find no error.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
MILLER
J. We concur: McKINSTER
Acting P. J. CODRINGTON
J.