People v. Johnson CA5

INTRODUCTION

Petitioner Glenn Maurice Johnson petitioned the superior court, pursuant to former section 1170.95 (now § 1172.6) of the Penal Code,1 for resentencing on his conviction for second degree murder (§ 187, subd. (a)). The trial court conducted an evidentiary hearing and denied the petition on two alternative grounds: (1) petitioner was not convicted under an imputed malice theory eliminated by Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill No. 1437), and (2) petitioner was a major participant in the underlying incident who acted with reckless indifference to human life. On appeal, petitioner contends the court erred by failing to find, beyond a reasonable doubt, that he committed second degree murder under a valid theory. Alternatively, assuming the court impliedly made such finding, he argues the finding is unsupported by substantial evidence. We conclude the record reflects petitioner is ineligible for resentencing as a matter of law, and we affirm the denial of the petition on that basis.

FACTUAL BACKGROUND

We briefly summarize the underlying facts to give context to the parties’ arguments, but we do not rely on these facts in disposing of the issues…