People v. Johnson CA2/2

Filed 8/17/16 P. v. Johnson CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, B261443

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA033342) v.

ARTHUR LEE JOHNSON,

Defendant and Appellant.

THE COURT:* Defendant and appellant Arthur Lee Johnson appeals from the trial court’s December 18, 2014 order denying defendant’s motion under Penal Code section 13851 to strike prior felony convictions that were qualifying prior strike convictions under the “Three Strikes” law (§§ 667, subd. (b)-(i), 1170.12). Defendant’s appointed appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) raising no issues. On May 27, 2016, we directed defendant’s appellate counsel to send defendant the record on this appeal and a copy of counsel’s opening brief and accorded defendant

* BOREN, P. J., CHAVEZ, J., HOFFSTADT, J.

1 All further statutory references are to the Penal Code unless otherwise indicated.

30 days to file his own brief or letter stating any ground or argument he wished to have considered. Defendant did not submit any brief or letter. Our independent review of the record discloses no error by the trial court. We therefore affirm the trial court’s order. BACKGROUND2 A jury convicted defendant in February 1998 of three counts of first degree burglary, and the court found he had three prior burglary convictions that were qualifying prior felony convictions under the Three Strikes law. Defendant’s criminal history included a 1974 petty theft conviction, for which he was granted probation; a 1977 conviction for burglary and theft, for which he was sentenced to jail; a 1986 conviction for two counts of first degree burglary, for which he was placed on five years of probation with a condition that he serve one year in jail; a 1987 conviction for possession of cocaine, after which he was sentenced to concurrent two-year terms for cocaine possession and for the previous burglaries. Defendant was paroled on January 26, 1988. On May 18, 1988, he was arrested for first degree burglary, and in October 1988, he was convicted of seven counts of first degree burglary. In November 1988, he was sentenced to a total prison term of 12 years 4 months for the burglary offenses. Defendant was paroled on October 12, 1994. He was arrested several weeks later, and his parole was revoked. Defendant was again paroled on April 4, 1995. He was arrested soon thereafter for second degree burglary, and a parole hold was placed on April 25, 1995. On April 15, 1996, defendant was convicted of second degree burglary, was found to have one prior strike, and was sentenced to a prison term of two years eight months. He was paroled on April 2, 1997, less than two months before he committed the first of the three offenses that are the underlying basis for this appeal. Defendant served in the United States Navy from 1969 through 1972. He received the National Defense Service Medal, the Vietnam Service Medal with a Bronze Star, and