People v. Johnson CA4/2

BACKGROUND

A jury convicted defendant of forcible rape (Pen. Code,1 § 261, subd. (a)(2)),

kidnapping to commit rape or oral copulation (§ 209, subd. (b)(1)), and forcible oral

copulation (former § 288a, now renumbered § 287, subd. (c)(2)). (See People v. Johnson

(July 20, 2007, E040044) [nonpub. opn.].) The jury found true the sentencing allegation

that the kidnapping substantially increased the victim’s risk of harm. (§ 667.61,

subd. (d)(2).) Defendant admitted two prior serious felony convictions (§ 667, subd. (a))

and two prior strike convictions (§ 667, subds. (b)-(i)). (Johnson, supra, E040044.)

On remand from defendant’s direct appeal, the trial court sentenced defendant to

110 years to life in state prison. The sentence included two consecutive five-year “nickel

prior” terms for defendant’s prior serious felony convictions. (§ 667, subd. (a).)

In December 2023 defendant in propria persona sent ex parte correspondence to

the trial court, which he captioned, “Petition for Resentencing Pursuant to All Applicable

Sections of Penal Code[] §§[]1170, 1171, and 1172.” (All caps omitted.) In January

1 All further undesignated statutory references are to the Penal…