From Casetext: Smarter Legal Research

People v. Johnson

California Court of Appeals, Second District, Fifth Division
Aug 28, 2023
No. B323339 (Cal. Ct. App. Aug. 28, 2023)

Opinion

B323339

08-28-2023

THE PEOPLE, Plaintiff and Respondent, v. FREDERICK MARK JOHNSON, Defendant and Appellant.

John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.


NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Los Angeles County, No. MA077624 Kathleen Blanchard, Judge.

John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

MOOR, J.

Frederick Mark Johnson pleaded no contest to two counts of robbery. (Pen. Code, § 211; counts 1 and 3). With respect to count 1, Johnson admitted the allegation that he personally used a firearm (§ 12022.5, subd. (a)), and that he suffered a prior strike within the meaning of the Three Strikes law (§§ 667, subds. (b)-(j), 1170.12). He also agreed to a waiver under People v. Harvey (1979) 25 Cal.3d 754, which required him to make restitution to victims in all counts that were dismissed per the plea agreement.

All further statutory references are to the Penal Code.

Johnson filed a motion to withdraw his no contest plea, which the trial court denied on June 16, 2022. He was sentenced to the negotiated term of 15 years in prison.

Johnson timely appealed the judgment and the denial of his motion to withdraw the plea. On October 14, 2022, this court issued an order limiting the issues in this case to those not requiring a certificate of probable cause.

We appointed counsel. After reviewing the record, counsel filed an opening brief asking this court to review the record independently pursuant to People v. Wende (1979) 25 Cal.3d 436, 441 (Wende). On May 17, 2023, we advised Johnson that he had 30 days to submit any contentions or issues he wished us to consider. Johnson requested and was granted a 30-day extension of the deadline to submit issues or contentions. No response has been received to date.

We have examined the entire record. We are satisfied no arguable issues exist and that Johnson's counsel has fully satisfied his responsibilities under Wende. (Smith v. Robbins (2000) 528 U.S. 259, 279-284; Wende, supra, 25 Cal.3d at p. 441.)

The trial court's judgment and the order denying Johnson's motion to withdraw his plea are affirmed.

We concur: RUBIN, P. J. BAKER, J.


Summaries of

People v. Johnson

California Court of Appeals, Second District, Fifth Division
Aug 28, 2023
No. B323339 (Cal. Ct. App. Aug. 28, 2023)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. FREDERICK MARK JOHNSON, Defendant…

Court:California Court of Appeals, Second District, Fifth Division

Date published: Aug 28, 2023

Citations

No. B323339 (Cal. Ct. App. Aug. 28, 2023)