P. v. Johnson 8/13/08 CA6

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: H031095

Case Date: 11/19/2008

Preview:Filed 8/13/08 P. v. Johnson CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT

THE PEOPLE, Plaintiff and Respondent, v. TIMOTHY JOHNSON, Defendant and Appellant.

H031095 (Santa Clara County Super. Ct. No. CC619063)

Defendant Timothy Johnson appeals a judgment following his plea of nolo contendere to three felony counts. Defendant filed a notice of appeal and a request for certificate of probable cause from the trial court. The trial court declined to provide the defendant a certificate of probable cause. Defendant asserts on appeal that he was deprived of adequate counsel while attempting to withdraw his plea. STATEMENT OF THE CASE AND FACTS Defendant was charged with the eight felony counts on February 1, 2006. Defendant had initially been represented by retained counsel, Nan Bucknell. However, on July 24, 2006, Ms. Bucknell told the trial court that her client was indigent and could no longer afford her services. As such, she could not continue to represent him. Defendant then requested appointment of counsel, and on July 27, 2006, the court appointed Roderick O'Connor as defendant's counsel.

Mr. O'Connor made his first appearance at a brief hearing on August 4, 2006, and the case was continued to August 11. Defendant and Mr. O'Connor first met at the hearing on the August 11. Mr. O'Connor said that he reviewed the evidence turned over by the prosecution, including the police reports and the interviews and recordings of the complaining witnesses. The preliminary hearing was scheduled for September 13. On this day Mr. O'Connor recommended to the defendant that he waive his right to a preliminary hearing and accept the plea offer to reduce the likelihood that defendant would be facing greater jail time should he not accept the plea. He waived his right to a preliminary hearing and pled guilty to three counts through a plea bargaining agreement with the prosecutor in exchange for 19 years imprisonment. He pled guilty to two counts of forcible oral copulation (Pen. Code,

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