P. v. Johnston CA4/1
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."
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