People v. Johnson CA4/2

FACTS

“In 2021, Lee Johnson pled guilty to voluntary manslaughter (§ 192, subd. (a)) and

admitted to a firearm use enhancement (§ 12022.5, subd. (a)). In return, he received a

stipulated sentence of 21 years.” (People v. Johnson, supra, E080742.) Eleven years of

that sentence were imposed for the substantive offense, while 10 years were imposed for

the enhancement.

“In December 2022, Johnson petitioned for resentencing under section 1170.91.

The prosecution opposed the petition, citing [People v. King (2020) 52 Cal.App.5th 783

(King)] for the proposition that resentencing under section 1170.91 was not available to

those serving stipulated sentences. [¶] The court heard and denied the petition in

February 2023.” (People v. Johnson, supra, E080742.)

Amendments to section 1170.91, effective January 1, 2023, allowed defendants

serving stipulated sentences who are otherwise eligible for relief to be resentenced under

section 1170.91. (See § 1170.91, subds. (a), (b)(1) & (b)(3) [if a petitioner “satisfies the

1 Undesignated statutory references are to the Penal Code.

2 criteria, the court may, in the interest of justice, and regardless of whether the original

sentence…