People v. Johnson CA5

INTRODUCTION

In November 2021, defendant Larry Anthony Johnson pleaded no contest to voluntary manslaughter (Pen. Code, § 192, subd. (a)) and admitted a strike prior allegation, a prior serious felony conviction enhancement (§ 667, subd. (a)), and an enhancement for personal use of a deadly weapon (§ 12022, subd. (b)) for a negotiated upper term sentence of 11 years doubled to 22 years plus five years for the prior serious felony enhancement and one year for the weapon enhancement. (Undesignated statutory references are to the Penal Code.) At sentencing in March 2022, the court stated it was adopting the findings of the probation department on the mitigating and aggravating facts and did not “make a decision whether it’s true or not true.” It then imposed the stipulated sentence. In November 2024, defendant filed a “Request for Recall and Resentencing” pursuant to Assembly Bill No. 600 (2023–2024 Reg. Sess.) (Assembly Bill No. 600) and section 1172.1 in propria persona. He asserted there were mitigating circumstances cited in the probation report but he was given the upper term. He also asserted his priors were over 20 years old. The court signed a memorandum and order stating,…