In re Johnson CA4/2

I.

INTRODUCTION

Pursuant to a negotiated disposition, petitioner Keandre Johnson pleaded no 1 contest to first degree murder (Pen. Code, § 187, subd. (a) ; count 1) and attempted

murder (§§ 664/187; count 2). Johnson also admitted enhancement allegations attached

to counts 1 and 2, and admitted two prior serious or violent felony strike convictions

(§§ 667, subds. (c), (e)(2)(A), 1170.12, subd. (c)(2)(A)). In return, the remaining counts

and enhancement allegations were dismissed. Johnson was sentenced to an aggregate

stipulated term of life without the possibility of parole.

Johnson contends in his petition for writ of habeas corpus (Petition) that he should

be permitted to withdraw his guilty plea on counts 1 and 2 because the trial court imposed

concurrent prison terms on count 2, which significantly increased his punishment above

the maximum term Johnson agreed to in his guilty plea. Johnson argues that, as a

consequence, the sentence on count 2 is an unauthorized sentence. Johnson also asserts

that his attorney’s failure to object constituted ineffective assistance of counsel (IAC). In

addition, Johnson asserts that the amended abstract of judgment contains…