People v. Johnson CA3

BACKGROUND

After being taken to a Yuba County hospital in October 2023, Johnson caused a commotion in the hospital waiting room by threatening to harm and shoot members of the public and hospital staff. Johnson stated, “I have a bullet for every single person that’s in the lobby right now,” causing a hospital employee to fear that she would be the first person shot as her desk faced the front entrance to the lobby. In February 2024, Johnson pled no contest to one count of making criminal threats (§ 422, subd. (a)) in exchange for a sentence no greater than the middle term if the court denied his request for probation.3 A presentence probation report recommended that the trial court make an unusual case finding under rule 4.413(c)(2)(B) based on Johnson’s mental health at the time of the crime and his positive response to treatment and medication while in jail. Johnson’s sentencing statement in mitigation requested probation under rule 4.413(c)(2)(B), claiming he committed the criminal threats offense because of a mental health condition not amounting to a defense and that there was a high likelihood that he would respond favorably to mental health care and treatment while on…