P. v. Johnson CA3
Defendant Teddino Johnson appeals from an order denying a motion to recall his so-called “three strikes” sentence of 25 years to life, brought pursuant to the provisions of the Three Strikes Reform Act of 2012 (the Act), codified at Penal Code section 1170.126. (See Teal v. Superior Court (2014) 60 Cal.4th 595.)
Defendant’s petition to recall his sentence and for resentencing was denied upon determination that he was not eligible for relief under the Act because he had sustained a prior conviction for forcible rape. (See §§ 667, subd. (e)(2)(C)(iv)(I), 1170.12, subd. (c)(2)(C)(iv)(I), 1170.126, subd. (e)(3).)
Counsel was appointed to represent defendant on appeal. Counsel filed an opening brief setting forth the facts of the case and requesting this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).)
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