People v. Johnson CA4/1

Filed 8/26/16 P. v. Johnson CA4/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D069387

Plaintiff and Respondent,

v. (Super. Ct. No. SCD237199)

ROBERT JOHNSON III,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Daniel F.

Link, Judge. Affirmed.

Patrick J. Hennessey, Jr., under appointment by the Court of Appeal, for

Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Robert Johnson III appeals from an order of the superior court denying his petition

to recall his felony sentence for second degree burglary and to resentence him to a

misdemeanor pursuant to Penal Code section 1170.18, subdivision (a), which was enacted as…