Filed 6/23/17 P. v. Johnston CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA



THE PEOPLE,

Plaintiff and Respondent,

v.

ROBERT J. JOHNSTON,

Defendant and Appellant.
D071880



(Super. Ct. No. SCE326411)

APPEAL from an order of the Superior Court of San Diego County, David J. Danielsen, Judge. Affirmed.
John J. Schuck, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
In 2014, Robert J. Johnston pleaded guilty to one count of attempted murder, with the personal use of a deadly weapon (Pen. Code, §§ 664/187, 12022, subd. (b)(1)); and one count of second degree burglary (§ 459). The remaining counts and allegations were dismissed. Johnston was sentenced to a determinate term of eight years eight months in prison.
In 2015, Johnston filed a petition pursuant to Proposition 47 (§ 1170.18, the Safe Neighborhoods and Schools Act) to resentence his burglary conviction as a misdemeanor. The trial court denied the petition stating: "Convictions for PC 664/187 and residential burglary-ineligible."
In February 2017, Johnston filed a motion pursuant to section 1170.18 to have convictions for burglary and receiving stolen property reduced in three other cases. Regarding this case the order stated: "The defendant has filed a renewed petition under PC 1170.18. The previous petition was denied by written order signed and filed on April 21, 2016. Moreover, in addition to the charges in this case being ineligible, this defendant is disqualified from relief by virtue of having a conviction within the meaning of Penal Code section 667(e)(2)(C)(iv), specifically, this case/conviction includes a count of attempted murder. The renewed petition is likewise denied." Johnston filed a timely notice of appeal from the denial of his renewed petition.
Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), indicating he has not been able to identify any arguable issue for reversal on appeal. Counsel asks this court to review the record for error as mandated by Wende. We offered Johnston the opportunity to file his own brief on appeal, but he has not responded.
STATEMENT OF FACTS
The facts underlying the offenses in this case are contained in the change of plea form as follows: "I admit that on the date charged, I committed attempted murder by stabbing Joshua Adkins after unlawfully entering a building. I stabbed him with a knife."
The probation report indicates the building that Johnston entered was the residence of his estranged wife, and where he stabbed the victim.
DISCUSSION
As we have noted above, appellate counsel has not identified any arguable issues for reversal on appeal. Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified the following possible, but not arguable issued for our review:
Whether the conviction for attempted murder in this case qualifies as a prior conviction for a "super strike" within the meaning of section 1170.18. (See People v. Zamarripa (2016) 247 Cal.App.4th 1179; People v. Montgomery (2016) 247 Cal.App.4th 1385.
We have reviewed the entire record as mandated by Wende, supra, 25 Cal.3d 436, and Anders, supra, 386 U.S. 738. We have not identified any arguable issues for reversal on appeal. Competent counsel has represented Johnston on this appeal.
DISPOSITION
The order denying Johnston's petition for resentencing under section 1170.18 is affirmed.


HUFFMAN, Acting P. J.

WE CONCUR:



O'ROURKE, J.



AARON, J.