People v. Johnson CA5

INTRODUCTION

In 2013, a jury convicted petitioner James Willis Johnson of the second degree murder of his one-month-old son1 (Pen. Code,2 § 187, subd. (a)). For this offense, the trial court sentenced petitioner to a term of 15 years to life, stayed pursuant to section 654. In 2019, petitioner filed a petition for resentencing pursuant to section 1170.95. The court denied the petition without issuing an order to show cause on the ground petitioner was not prosecuted or convicted under a theory of felony murder or murder under the natural and probable consequences doctrine, as required for resentencing relief under section 1170.95. On appeal, petitioner asserts he established a prima facie claim for resentencing relief, and the court therefore erred in denying the petition without issuing an order to show cause or holding an evidentiary hearing. The People concede error but dispute the standard of review to be applied on remand. We agree with petitioner and reverse.

FACTUAL AND PROCEDURAL HISTORY

In this court’s opinion on petitioner’s direct appeal, 3 we described the facts leading to his convictions as follows:

“Denise Belmonte was Johnson’s partner and the mother of his…