People v. Johnston CA1/1

Filed 11/30/21 P. v. Johnston CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE,

Plaintiff and Respondent,

A161748

v. TYLER RICHARD JOHNSTON, (Alameda County Super. Ct. No. Defendant and Appellant.

H58431)

Defendant Tyler Richard Johnston appeals from an order denying his petition for resentencing under Proposition 47. (Pen. Code, § 1170.18, subd. (a).)1 The trial court summarily denied defendant’s petition. Defendant’s appellate counsel has raised no issues and asks this court for an independent review of the record to determine whether there are any issues that would, if resolved favorably to defendant, result in reversal of the order. (People v. Kelly (2006) 40 Cal.4th 106; People v. Wende (1979) 25 Cal.3d 436.) Defendant has been informed…