People v. Johnson CA3

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.

DISCUSSION

In Wende, our Supreme Court held that “Courts of Appeal must conduct a review of the entire record whenever appointed counsel submits a brief on direct appeal which raises…