NEWPORT BEACH, Calif. — On the morning of Aug. 13, Judge Derek G. Johnson oversaw a pretrial hearing for an individual facing a felony count of hard drug possession with two or more prior convictions and two felony counts of secondary offenses committed while out of custody. He also faces a misdemeanor charge of resisting a peace officer. Despite promises to wrap up the case by early August, Judge Johnson set the case out further due to witness availability.
The accused acquired all four charges on March 15 and pleaded not guilty to both drug possession and resisting an officer, while the pleas for the secondary charges were denied. He has remained in custody.
The prosecution explained that two witnesses were unavailable and that the pretrial would have to be moved. In response, the defense requested that the accused either be released on his own recognizance or that a motion to dismiss be filed. Both requests were rejected.
The accused addressed Judge Johnson directly, asking why the matter had not been resolved. He stated that Johnson, at his last court appearance, had “turned to the court” and said that the case would be resolved by either Aug. 4 or 11.
“No probation offer or anything,” the accused protested, expressing discontent with his lack of options. He emphasized that the judge had claimed the case would be solved by this point and said he had hoped for a resolution.
Judge Johnson recommended that the accused “talk to his attorney,” noting that he seemed upset with both his current and past defense. Without recommending specific action, Johnson said he was going to “move on if we can’t resolve this.” The case was put on second call.
When the case was called back, Judge Johnson ordered a pretrial date of Sept. 22.
