People v. Johnson CA2/7

INTRODUCTION

In 2005 a jury convicted Romel Johnson of, among other crimes, first degree murder and conspiracy to commit murder. In 2019 Johnson filed a petition for resentencing under Penal Code former section 1170.951 (now section 1172.6), alleging that he was convicted of murder under the natural and probable consequences doctrine and that he could not be convicted of murder under current law. The superior court found Johnson failed to state a prima facie case for relief and denied the petition without issuing an order to show cause. Because the record of conviction does not preclude Johnson from showing he could not presently be convicted of murder, we reverse.

FACTUAL AND PROCEDURAL BACKGROUND

A. Johnson’s Accomplice Kills Two Men In April 2000 Kevin Moguel, a member of the Rollin 20s Blood criminal street gang, was shot and killed. Police suspected the assailants were members of the rival Rollin 30s Crips gang. Two days later, Johnson and Marquis Rangel, both members of the Rollin 20s Blood gang, went to an area claimed by the Rollin 30s Crips gang. Johnson drove a car he borrowed from his girlfriend and parked near the intersection of Browning Boulevard and Budlong…