Opinion
F076799
08-17-2018
THE PEOPLE, Plaintiff and Respondent, v. LEON ERRION JOHNSON, JR., Defendant and Appellant.
Carol Foster, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. F17905871)
OPINION
THE COURT APPEAL from a judgment of the Superior Court of Fresno County. Don Penner, Judge. Carol Foster, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
Before Detjen, Acting P.J., Franson, J. and DeSantos, J.
-ooOoo-
Appointed counsel for defendant Leon Errion Johnson, Jr., asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Defendant was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed and we received no communication from defendant. Finding no arguable error that would result in a disposition more favorable to defendant, we affirm.
We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
On September 30, 2017, the victim's car was stolen. On October 4, 2017, defendant was found alone in the stolen car, parked in a closed soccer park.
On November 21, 2017, defendant pled no contest to unlawfully driving or taking a vehicle (Veh. Code, § 10851, subd. (a)), and admitted four prior felony conviction allegations within the meaning of the "Three Strikes" law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), in exchange for 32 months in state prison and dismissal of his other charges.
On January 2, 2018, the parties stipulated that the value of the vehicle was over $950. The trial court declined defendant's Romero request to dismiss the prior felony conviction allegations and sentenced defendant to 16 months in prison, doubled to 32 months pursuant to the Three Strikes law. The court awarded credits and imposed various fines and fees.
People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). --------
On January 3, 2018, defendant filed a notice of appeal.
Having undertaken an examination of the entire record, we find no evidence of ineffective assistance of counsel or any other arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.