People v. Johnson CA2/3

Filed 1/26/16 P. v. Johnson CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B264665

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA419478) v.

CHAUNCY LYNN JOHNSON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Norm Shapiro, Judge. Affirmed.

John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Appellant Chauncy Lynn Johnson appeals from an order denying his petition for a recall of sentence after the trial court sentenced him to prison for six years following his plea of no contest to selling a controlled substance, having suffered a prior felony conviction. (Pen. Code, §§ 667, subd. (d), 1170.18, subd. (a); Health & Saf. Code, § 11352, subd. (a).) We affirm the order denying appellant’s petition for a recall of sentence. FACTUAL AND PROCEDURAL SUMMARY On June 26, 2014, appellant pled no contest to selling a controlled substance and admitted a strike, and the court sentenced him to prison as previously indicated.1 On May 4, 2015, appellant, in pro per, filed in the present case (superior court case No. BA419478) a petition for a recall of sentence pursuant to Penal Code section 1170.18, subdivision (a).2 The petition alleged appellant was currently serving a sentence for the above violation of Health and Safety Code section 11352, subdivision (a). On May 14, 2015, the trial court denied the petition on the ground appellant’s conviction for a violation of Health and Safety Code section 11352, subdivision (a) did not qualify for relief under Proposition 47. On June 1, 2015, appellant filed a notice of appeal.