People v. Johnson CA2/8

BACKGROUND

On June 19, 2008, Johnson, along with co-defendant Daniel Colvin, was charged with the murder of Maurio Proctor and the attempted willful, deliberate and premeditated murder of Rashad Harris. Both defendants were charged with firearm and gang enhancements as to all counts. On September 2, 2008, a jury found Johnson guilty of both counts and found true the firearm and gang enhancements. On October 31, 2008, the Superior Court sentenced Johnson to a term of 25 years to life for first degree murder. It added 25 years for a firearm enhancement under section 12022.53, subdivision (d). The trial court imposed a concurrent term of life in prison with an additional 25 years pursuant to section 12022.53, subdivision (d). On January 15, 2024, Johnson filed a request to recall his sentence pursuant to section 1172.1. On February 23, 2024, the trial court declined to take action on the motion as permitted by section 1172.1, subdivision (c). The trial court also concluded it had no jurisdiction to modify the sentence outside the initial 120- day window, citing People v. Antolin (2017) 9 Cal.App.5th 1176. Johnson filed a timely notice of appeal. On June 5, 2024, we appointed counsel…