People v. Johnson CA4/2

I.

INTRODUCTION

Defendant and appellant Delano Johnson appeals from the trial court’s order

denying his Penal Code1 section 1172.6 petition for resentencing of his two counts of first

degree murder (§ 187, subd. (a)) with special circumstances allegations following an

evidentiary hearing. On appeal, defendant contends the trial court prejudicially erred in

denying his section 1172.6 petition because the court did not act as an independent

factfinder and the court did not find that the People had proved beyond a reasonable

doubt defendant was guilty of the murders under current law. We conclude defendant

fails to demonstrate that the trial court misunderstood its role or applied an incorrect

standard of proof. We further conclude that defendant forfeited any claim that the

assumed error was prejudicial. Accordingly, we affirm the denial of defendant’s

resentencing relief.

1 All future statutory references are to the Penal Code unless otherwise stated.

II.

FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Background2

The main witness against defendants, Alan (“Cry Baby”) Marsh, admitted being a

former cocaine dealer, with two prior felony convictions for possession…