P. v.Johnson CA2/5

I. INTRODUCTION

A jury convicted defendant, Kevin Dewayne Johnson, of three counts of willful, deliberate, premeditated attempted murder (Penal Code, §§ 664, 187, subd. (a))1 and three counts of assault with a firearm (§ 245, subd. (a)(2)). The jury further found defendant: personally and intentionally used a firearm in the commission of the attempted murders (§ 12022.53, subd. (d)); personally used a firearm in the commission of the assaults (§ 12022.5, subd. (a)); and committed the crimes to benefit a criminal street gang (§§ 186.22, subd. (b)(1)(C).) Defendant was initially sentenced to 96 years to life in state prison: three consecutive life terms for the attempted murders; three consecutive 25-year-to-life terms under section 12022.53, subdivision (d); three years for each firearm assault count enhanced by 10 years under section 186.22, subdivision (b)(1)(C), and four years under section 12022.5. The trial court stayed the consecutive firearm assault sentences pursuant to section 654. This is defendant’s second appeal from the judgment. Defendant appeals following resentencing.

II. THE PRIOR APPEAL

In the prior appeal (People v. Johnson (December 4, 2012, B231891) [nonpub.…