People v. Johnson CA4/1, D069387

In 2012 Robert Johnson III pleaded guilty to seven counts of second-degree burglary (Pen. Code § 459) and one count of failure to appear (§ 1320.5), admitted certain priors, and was sentenced pursuant to a negotiated agreement to 12 years 8 months in prison.
The plea agreement included striking a strike prior and waiving actual custody credits; the People alleged multiple prison priors and other enhancement/priors in the information.
After Proposition 47 took effect in November 2014 (reclassifying some theft-related felonies as misdemeanors), Johnson filed a § 1170.18 petition in April 2015 seeking recall of his felony sentence and resentencing to misdemeanor(s).
The People opposed, arguing none of Johnson’s counts were eligible under § 1170.18; the trial court denied Johnson’s petition without prejudice for failing to make a prima facie showing of eligibility.
Johnson appealed the denial; appointed appellate counsel filed a brief raising no arguable issues and requested an Anders/Wende review; Johnson did not file a supplemental brief.
The Court of Appeal conducted an independent Anders/Wende review and found no reasonably arguable appellate issues, affirming the trial court’s order.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Johnson is entitled to recall/resentencing under Prop 47 (§ 1170.18)	People: No counts are eligible under § 1170.18	Johnson: His § 459 convictions are now misdemeanors and he seeks recall/resentencing	Court: Affirmed denial; Johnson failed to make a prima facie showing of eligibility
Whether petition stated sufficient facts for prima facie relief	People: Petition fails to show eligibility	Johnson: Form petition alleges felony conviction now misdemeanor under § 1170.18	Court: Petition inadequate; denial without prejudice proper
Whether appellate counsel properly raised issues on appeal	People: N/A (respondent did not file brief)	Johnson: Counsel filed Anders/Wende brief and invited supplemental brief; Johnson did not respond	Court: Anders/Wende review conducted; no arguable issues found; representation adequate
Whether any reversible error exists in record	People: N/A	Johnson: Invited court to review record for error	Court: Independent review disclosed no reversible error; affirmance affirmed

People v. Wende, 25 Cal.3d 436 (Wende review requires independent appellate review when counsel finds no arguable issues)
Anders v. California, 386 U.S. 738 (when appointed counsel finds appeal frivolous, counsel must so inform the court and the court must conduct independent review)
People v. Rivera, 233 Cal.App.4th 1085 (discussing effect of Proposition 47 reclassifying certain theft offenses)