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PEOPLE v. JOHNSON

No. B249651.

226 Cal.App.4th 620 (2014)

171 Cal. Rptr. 3d 920

THE PEOPLE, Plaintiff and Respondent, v. TIMOTHY WAYNE JOHNSON, Defendant and Appellant.

Court of Appeals of California, Second District, Division Three.

May 23, 2014.

Attorney(s) appearing for the Case

Suzan E. Hier , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Lance E. Winters , Assistant Attorney General, Victoria B. Wilson , Noah P. Hill and Carl N. Henry , Deputy Attorneys General, for Plaintiff and Respondent.

[CERTIFIED FOR PARTIAL PUBLICATION*]

OPINION

ALDRICH, J. —

Defendant Timothy Wayne Johnson appeals from an order denying his petition for recall of his sentence pursuant to Penal Code section 1170.126.1 The superior court found Johnson was ineligible for resentencing because his current offense, attempting to dissuade a witness, is a serious felony. Johnson...

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