P. v. Johnson
Filed 9/5/12 P. v. Johnson CA2/6
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opinion has not been certified for publication or ordered published for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
SECOND APPELLATE DISTRICT
DIVISION SIX
THE
PEOPLE,
Plaintiff and Respondent,
v.
DAVID
LEE JOHNSON,
Defendant and Appellant.
2d Crim. No. B236784
(Super. Ct. No. 2010011908)
(Ventura
County)
David Lee Johnson
appeals from the judgment after a jury convicted him of
Saf. Code § 11352, subd. (a)) and transportation of methamphetamine
(Health & Saf. Code, § 11379, subd. (a) (a)). Appellant admitted a prior strike conviction
(Pen. Code, §§ 667, subds. (c)(1) & (e)(1); 1170.12, subds. (a)(1)
& (c)(1)) and five prior prison enhancements (Pen. Code § 667,.5,
subd. (b)), and was sentenced to 12 years state
prison. Before sentencing, the trial
court denied appellant's motion for new trial and Romero motion (People
v. Superior Court (Romero ) (1996) 13 Cal.4th 497).
The evidence shows that
Ventura Police stopped a vehicle driven by Sabrina Lopez after Lopez made an
unsafe U-turn at a high rate of speed.
Lopez was arrested for being under the influence of a controlled
substance. Seated in the vehicle was
Lopez's 10 year old daughter and appellant who appeared to be under the
influence of a controlled substance.
When appellant exited the vehicle, the officer saw a glass smoking pipe
and three small rocks of cocaine on the car seat where defendant was
seated. The officer arrested appellant,
patted him down, and found more cocaine and a baggie of methamphetamine in his
waistband. Appellant refused to complete
a drug abuse evaluation or submit a urine sample and was transported to the
Ventura County Medical Center where a blood draw was taken. The blood sample
tested positive for methamphetamine and a cocaine metabolite.
We appointed
appeal. After counsel’s examination of
the record, she filed an opening brief in which no issues were raised.
On July 20, 2012, we
advised appellant that he had 30 days within which to personally submit any
contentions or issues he wished us to consider.
On November 2, 2010, appellant filed a
things, that he was denied effective assistance of counsel, that the prosecution
failed to produce police dispatch tapes and urine test results in violation of Brady
v. Maryland (1963) 373 U.S. 83 [10 L.Ed.2d 215], that appellant was not
permitted to represent himself or dress in street clothes at trial, and his
These contentions are 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) nor has appellant made any showing that he was denied a
fair trial. (Untied States v. Bagley (1985)
473 U.S. 667, 678 [87 L.Ed.2d 481, 491]; People v. Fudge (1994) 7
Cal.4th 1075, 1102-1103.)
We
have reviewed the entire record and are satisfied that appellant's attorney has
fully complied with her responsibilities and that no
v. Wende (1979) 25 Cal.3d 436, 443; People v. Kelly (2006) 40
Cal.4th 106, 126.) Appellant's request
to appoint new counsel on appeal is denied.
The judgment is
affirmed.
NOT TO BE PUBLISHED.
YEGAN,
J.
We
concur:
GILBERT, P.J.
PERREN, J.
Brian J. Back, Judge
Superior Court County of Ventura
______________________________
Lisa M. Black , under
appointment by the Court of Appeal, for Appellanat.
No appearance for
Respondent.
