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The People v. Lawrence Gregory Johnson

December 4, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
LAWRENCE GREGORY JOHNSON, DEFENDANT AND APPELLANT.



(Super. Ct. No. CR113129)

The opinion of the court was delivered by: Mauro , J.

P. v. Johnson

CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Appointed counsel for defendant Lawrence Gregory Johnson asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We conclude the judgment must be modified to include imposition of certain mandatory fines and fees. We will modify the judgment, affirm the judgment as modified, and direct the trial court to amend and correct the amended abstract of judgment.*fn1

BACKGROUND

Officer Alicia Slater with the Yolo (County) narcotic enforcement team (YONET) began conducting surveillance on the apartment home of Clay Logan in July 2011. In a 30-minute period she saw two people go inside the apartment, stay for two-to-four minutes, then leave. She also saw defendant leave the apartment, retrieve something from a tan Dodge, and return to the apartment.

The next day, Officer Slater saw the same Dodge parked outside Logan's apartment. She saw four people go inside Logan's apartment, stay only a few minutes, and leave. She also saw a woman leave the apartment with defendant and walk with him to the tan Dodge where they executed a "hand-to-hand" exchange of something Officer Slater could not see.

Yolo County law enforcement subsequently entered Logan's apartment with a search warrant. Logan, his girlfriend Tracy Dixon, and defendant were inside the apartment. On a table next to defendant, law enforcement officials found a digital scale, two pieces of slate, a razor blade, and two empty medicine bottles. The razor blade and pieces of slate both had a "white chalky substance" on them. Officer Slater also found a black bag near defendant's foot. Inside the bag she found two pieces of cocaine base, one weighing 7.1 grams and the other weighing .3 grams.*fn2 In Logan's bedroom, law enforcement found four used glass pipes commonly used to smoke cocaine base.

Law enforcement also searched the tan Dodge parked outside Logan's apartment. The car was registered to defendant. Inside the car's glove compartment, law enforcement officials found $446 in cash on top of defendant's wallet.

After advising defendant of his rights, Officer Slater asked defendant what he was doing in Logan's apartment. Defendant said he was there to pick up his flashlights. Officer Slater told defendant she did not believe him, that she knew he was there selling cocaine base. Defendant denied selling or using drugs. After further questioning, however, defendant said he was at Logan's to smoke crack. When asked about the money in his car, defendant said the car belonged to his wife.

Officer Slater searched defendant's cell phone and found several text messages indicating to her that defendant was selling cocaine base.

At trial, Logan testified that he had been buying crack cocaine (cocaine base) from defendant for about six months before they were arrested. Logan explained how he used to go looking for defendant in order to buy the drugs, but then defendant began selling drugs to other people from Logan's apartment. In ...


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