People v. Johnson CA2/5

Filed 6/5/15 P. v. Johnson CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B260441

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA025337) v.

EDWIN DALE JOHNSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. William C. Ryan, Judge. Affirmed. California Appellate Project, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Appellant Edwin Dale Johnson was convicted in 1995 of three counts of assault with a firearm in violation of Penal Code1 section 245, subdivision (a)(2) and three counts of robbery in violation of section 211. The jury found true the allegation that appellant used a firearm in the commission of the robberies within the meaning of section 12022.5, subdivision (a). Appellant was found to have two or more prior convictions within the meaning of sections 667, subdivisions (b) through (i) and section 1170.12 (the Three Strikes law) and was sentenced to a term of 83 years to life in state prison. Appellant’s conviction was affirmed by this court in case number B094315. (People v. Johnson (July 18, 1996, B094315 [nonpub. opn.].) After the November 2012 passage of Proposition 36, appellant filed a petition to recall his sentence. The superior court ordered counsel appointed for appellant for purposes of the petition. On October 31, 2014, the trial court entered an order denying appellant’s petition. Appellant appeals from the order after judgment, as one affecting his substantial rights. (§ 1237, subd. (b); Teal v. Superior Court (2014) 60 Cal.4th 595.) Finding no error, we affirm.