People v. Johnson CA2/6

Filed 7/16/15 P. v. Johnson CA2/

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B262605 (Super. Ct. No. F439849) Plaintiff and Respondent, (San Luis Obispo County)

v.

NATHANIEL JOHNSON, JR.

Defendant and Appellant.

Nathaniel Johnson, Jr. appeals from an order denying his petition to recall his sentence and reduce his burglary conviction to a misdemeanor pursuant to Proposition 47 (Pen. Code, § 1170.18).1 In 2010, appellant was convicted of first degree burglary (§ 459) and three robberies (§ 211) with special findings that he personally used a deadly weapon (a knife) on two on the robbery counts. (§ 12022, subd. (b)(1).) Appellant was sentenced to 24 years 8…