P. v. Johnson
Filed 10/21/08 P. v. Johnson CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, Plaintiff and Respondent, v. YOHANNIS MICHAEL JOHNSON, Defendant and Appellant. | D052809 (Super. Ct. No. SCD209983) |
APPEAL from a judgment of the Superior Court of San Diego County, Stephanie Sontag, Judge. Affirmed.
Yohannis Michael Johnson entered a negotiated guilty plea to one count of resisting an executive officer (Pen. Code, 69)[1]and admitted he had one prior serious/violent felony or strike conviction ( 667, subds. (b)-(i)) and had served one prior prison term within the meaning of section 667.5, subdivision (b). Johnson was sentenced to 44 months in prison in accordance with the plea bargain.
FACTS
On November 1, 2007, Johnson was outside a liquor store drinking alcohol when a police officer approached him. After Johnson admitted that he was on parole, the officer attempted to detain him to conduct a parole search. Johnson violently resisted the officer and another officer who arrived at the scene.
DISCUSSION
Appointed appellate counsel has filed a brief setting forth evidence in the superior court. Counsel presents no argument for reversal, but asks that this court review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as a possible, but not arguable issue: whether Johnson was sentenced in accordance with his guilty plea agreement.
We granted Johnson permission to file a brief on his own behalf. He has not responded.
A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issue referred to by appellate counsel, has disclosed no reasonably arguable appellate issue. Competent counsel has represented Johnson on this appeal.
DISPOSITION
The judgment is affirmed.
NARES, J.
WE CONCUR:
HUFFMAN, Acting P. J.
McDONALD, J.
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[1] Statutory references are to the Penal Code.
