People v. Johnston CA1/1

Filed 11/30/21 P. v. Johnston CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A161748 v. TYLER RICHARD JOHNSTON, (Alameda County Super. Ct. No. Defendant and Appellant. H58431)

Defendant Tyler Richard Johnston appeals from an order denying his petition for resentencing under Proposition 47. (Pen. Code, § 1170.18, subd. (a).)1 The trial court summarily denied defendant’s petition. Defendant’s appellate counsel has raised no issues and asks this court for an independent review of the record to determine whether there are any issues that would, if resolved favorably to defendant, result in reversal of the order. (People v. Kelly (2006) 40 Cal.4th 106; People v. Wende (1979) 25 Cal.3d 436.) Defendant has been informed of his right to file supplemental briefing, and he has not done so. After our independent review of the record, we find no issues requiring further briefing, and we affirm.

All further statutory references are to the Penal Code unless 1

otherwise indicated.

1

DISCUSSION2 In February 2015, in a robbery gone wrong, defendant Tyler Johnston backed a U-Haul truck up over his cohort, victim Martin Thornton, killing him. The Alameda County District Attorney filed an information alleging one count of murder (§ 187, subd. (a)), as well as 10 prior convictions and five prior prison terms. In April 2016, the defendant pleaded no contest to voluntary manslaughter (§ 192, subd. (a))—a stipulated lesser offense of the murder count in the information—and admitted the third, fifth, seventh and eighth prior convictions as true.3 Two months later, the trial court sentenced defendant to an aggregate term of 15 years, comprised of an 11-year principal term and four consecutive, one-year enhancements for each of the prior conviction enhancements. Defendant did not appeal his conviction, and it became final in August 2016. In February 2017, in case Nos. H21294 and H12756, the trial court granted defendant’s petition to reduce two of defendant’s prior convictions to misdemeanors pursuant to section 1170.18, subdivision (f) (Proposition 47).4