People v. Johnson CA1/3

Filed 12/30/24 P. v. Johnson CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

A168691

v. ELLIS EDWARD JOHNSON, (San Mateo County Super. Ct. No. SC016867A) Defendant and Appellant.

Defendant Ellis Johnson filed a petition for resentencing pursuant to Penal Code section 1172.6.1 The trial court denied his petition at the prima facie stage. Defendant contends this was error because the court relied on the preliminary hearing transcript to make a factual determination that he was the actual killer and so ineligible for relief. He further contends the charging document and his admission to a knife use allegation did not

All further undesignated statutory references are to the Penal Code. Defendant filed…