P. v. Johnson
Filed 9/4/07 P. v. Johnson CA2/6
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, Plaintiff and Respondent, v. DAVID LEE JOHNSON, Defendant and Appellant. | 2d Crim. No. B196465 (Super. Ct. No. 2006003668) (Ventura County) |
David Lee Johnson appeals from a judgment entered following his guilty plea to second degree burglary, with admissions that he suffered a prior felony strike conviction and served three prior prison terms. (Pen. Code, 459, 667, subds. (c) & (e), 1170.12, subds. (a) & (c), 667.5, subd. (b).)[1] The prosecution charged appellant with burglary, petty theft and providing a false name to a police officer, and alleged one prior "strike" and three other convictions as prison term enhancements. ( 459, 666, 148.9, subd. (a), 667, subds. (c) & (e), 1170.12, subds. (a) & (c), 667.5, subd. (b).)
On January 26, 2006, appellant stole two cologne bottles from a department store. He gave a false name to officers who were investigating the incident.
Appellant waived his constitutional rights prior to pleading guilty to burglary and admitting the prior strike and prior prison term allegations. The court dismissed the other charges, struck the prior prison term enhancements, and sentenced appellant to four years in state prison (a two-year middle term for burglary, which was doubled because of the "strike").
We appointed counsel to represent appellant in this appeal. After counsel's examination of the record, he filed an opening brief raising no issues. (People v. Wende (1979) 25 Cal.3d 436, 441.)
On May 21, 2007, we advised appellant that he had 30 days in which to personally submit any contentions or issues that he wished to raise on appeal. Appellant submitted a letter stating that his attorney failed to file a motion to dismiss his prior "strike" convictions. ( 1385; People v. Superior Court (Romero) (1996) 13 Cal.4th 497.) He appears to claim that counsel's failure to do so constituted ineffective assistance of counsel. Because the record does not indicate that counsel's performance was deficient, we must reject appellant's claim. (People v. Cunningham (2001) 25 Cal.4th 926, 1003; People v. Mendoza Tello (1997) 15 Cal.4th 264, 266-268; People v. Kraft (2000) 23 Cal.4th 978, 1068-1069.)
We have examined the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende, supra, 25 Cal.3d 436, 441.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
COFFEE, J.
We concur:
GILBERT, P.J.
YEGAN, J.
Kevin J. McGee, Judge
Superior Court County of Ventura
______________________________
Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Publication Courtesy of California attorney referral.
Analysis and review provided by Vista Property line Lawyers.
