People v. Johns CA1/2

BACKGROUND

In January 2018, the district attorney filed an information charging Johns with first-degree burglary (§ 459; count 1), receiving stolen property (§ 496d, subd. (a); count 2), identity theft (§ 484e, subd. (a); count 3) and vehicle theft (Veh. Code, §10851, subd. (a); count 4) as well as a prior strike (§ 1170.12, subds. (b), (c)), a prior serious felony (§ 667, subd. (a) and a prison prior (§ 667.5, subd. (b)). Johns pled no contest to all the counts and admitted the strike and priors, and the court sentenced him to nine years. This included the low term of two years on count 1, doubled to four for the strike, plus five years on the strike prior. It imposed low terms, to be served concurrently with count 1 (low terms of 16 months, doubled to 32 months) for counts 2 through 4. The court imposed but stayed the one-year prison prior. In May 2023, after the California Department of Corrections and Rehabilitation (CDCR) had identified Johns as an inmate who was potentially eligible for resentencing relief under section 1172.75, the court appointed the public defender to represent him and set a briefing schedule on the matter. The People filed briefs arguing that Johns was…