People v. Johnson CA3

Filed 11/22/24 P. v. Johnson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C100625

Plaintiff and Respondent, (Super. Ct. No. 11F00460)

v.

COREY JOHNSON,

Defendant and Appellant.

Defendant Corey Johnson appeals from his resentencing pursuant to Penal Code section 1172.75 (statutory section citations that follow are found in the Penal Code). His appointed counsel filed an opening brief setting forth the facts of the case and asking this court to review the record and determine whether there are any arguable issues on appeal pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Defendant was advised by counsel of his right to file a supplemental brief within 30 days from the date the opening

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brief was filed. More than 30 days have elapsed, and defendant has not filed a supplemental brief. Although this is not defendant’s first appeal as of right, in the interest of judicial economy, we exercise our discretion to independently review the record. (See People v. Delgadillo (2022) 14 Cal.5th 216, 233, fn. 6 (Delgadillo).) Finding no arguable errors that would result in a disposition more favorable to defendant, we affirm the judgment.

FACTS AND HISTORY OF THE PROCEEDINGS In 2012, defendant pleaded no contest to two counts of robbery (§ 211) and admitted that he personally used a firearm as to one of the robberies (§ 12022.53, subd. (b)). Defendant also admitted he had suffered a prior serious felony conviction, had a prior strike, and had served three prior prison terms (§ 667.5, subd. (b)). The trial court sentenced defendant to 10 years for one of the robberies (the upper term, doubled due to the prior strike), two years for the other robbery (one-third of the middle term, doubled), 10 years for the firearm enhancement, five years for the prior serious felony, and three years for the three prior prison terms. In 2023, the Department of Corrections and Rehabilitation identified defendant as an individual eligible for resentencing under section 1172.75. The trial court recalled defendant’s sentence, struck the prior prison term enhancements, and reimposed the remainder of defendant’s original sentence. Defendant timely appealed.