People v. Johnson

Good Law
100 Cal. Rptr. 2d 544·84 Cal. App. 4th 20
Court of Appeal of CaliforniaOctober 5, 2000B138497California961 words

Opinion

Opinion

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, Linda C. Johnson, Supervising Deputy Attorney General,

David A. Wildman, Deputy Attorney General, for Plaintiff and Respondent.

YEGAN, J.

Sam MacKay Johnson appeals from the judgment entered following his no contest pleas to selling cocaine (Health & Saf. Code, § 11352, subd. (a)) and possessing cocaine for sale (Health & Saf.Code, § 11351.5). Appellant admitted three prior prison terms (Pen.Code, § 667.5, subd. (b)) as well as two prior juvenile adjudications and one prior felony conviction within the meaning of California's "Three Strikes" law (Pen.Code, §§ 667, subds.(b)—(i), 1170.12). The juvenile adjudications were for residential burglary. Pursuant to a negotiated disposition, the trial court struck the juvenile adjudications and sentenced appellant to prison for 15 years, 8 months.

After appellant was sentenced, our Supreme Court held that a juvenile adjudication for residential burglary does not qualify as a "strike." ( People v. Garcia (1999) 21 Cal.4th 1 , 87 Cal.Rptr.2d 114 , 980 P.2d 829 .) Appellant alleges that he would…

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