People v. Johnson

I.

FACTUAL AND PROCEDURAL BACKGROUND2

In a January 2013 complaint, the district attorney charged Johnson (and a

codefendant) with one count of receiving stolen property in violation of section 496,

"A person currently serving a sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under the act that added this section ('this act') had this act been in effect at the time of the offense may petition for a recall of sentence before the trial court that entered the judgment of conviction in his or her case to request resentencing in accordance with . . . [section] 496 . . . of the Penal Code, as th[at] section[] ha[s] been amended . . . by this act." (Pen. Code, § 1170.18, subd. (a). Further undesignated statutory references are to the Penal Code.)

The trial court indicated that it had before it Johnson's "file," stating that one of the issues was whether the court could consider anything other than the "record of conviction." The court did not indicate what it considered to be part of the record of conviction. For purposes of the factual recitation in this opinion, we have…