Opinion
2d Crim. No. B291093
12-18-2018
THE PEOPLE, Plaintiff and Respondent, v. JAMES PATRICK JOHNSON, Defendant and Appellant.
Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. 17F-06343)
(San Luis Obispo County)
In July 2017, two men were skateboarding at a school. After one of the men did a backflip, James Patrick Johnson threatened to kill him. The two men walked away. Johnson followed and made punching gestures with his arms.
The prosecution charged Johnson with making criminal threats. (Pen. Code, § 422.) Johnson's attorney declared a doubt as to his competency, and the trial court suspended criminal proceedings. (§ 1368.) When proceedings resumed, the prosecution amended the complaint to add a charge of assault with force likely to cause great bodily injury. (§ 245, subd. (a)(4).) Johnson pled guilty to the assault charge. The court suspended imposition of sentence, and ordered Johnson to serve three years of formal probation.
All further statutory references are to the Penal Code. --------
Johnson requested and obtained a certificate of probable cause from the trial court. (§ 1237.5.) His notice of appeal alleges that he caused no great bodily injury and that police lied about aspects of the case.
We appointed counsel to represent Johnson in this appeal. After counsel examined the record, he filed an opening brief that raises no arguable issues. On October 30, 2018, we advised Johnson by mail that he had 30 days within which to submit any contentions or issues he wished us to consider. We have not received a response.
We have reviewed the entire record and are satisfied that Johnson's attorney fully complied with his responsibilities and that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
TANGEMAN, J. We concur:
GILBERT, P. J.
YEGAN, J.
Craig B. Van Rooyen, Judge
Superior Court County of San Luis Obispo
Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.