People v. Johnson CA3

Filed 11/4/14 P. v. Johnson CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(Modoc) ----

THE PEOPLE,

Plaintiff and Respondent, C073799

v. (Super. Ct. No. F07207)

TIMOTHY SCOTT JOHNSON,

Defendant and Appellant.

The trial court sentenced defendant Timothy Scott Johnson to state prison after finding he had violated probation for the third time and determining a prior conviction for first degree burglary in Oregon was a strike that rendered defendant ineligible for a county jail term. (Pen. Code, § 1170, subd. (h)(3).)1 Contending there is insufficient

Undesignated section references are to the Penal Code.

1 evidence the Oregon conviction qualifies as a strike, defendant requests remand for…