People v. Johnson CA6

Filed 5/8/23 P. v. Johnson CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H049600

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. 203073)

v.

RAYMOND LEON JOHNSON,

Defendant and Appellant.

MEMORANDUM OPINION 1

Raymond Leon Johnson appeals from the trial court’s order denying recall of his sentence pursuant to Penal Code section 1170, subdivision (d). 2 The Attorney General concedes that the order must be reversed and the matter remanded for reconsideration in light of section 1172.1. We accept the Attorney General’s concession and remand. In 1998, a jury convicted Johnson of rape, forcible oral copulation, and failing to register as a sex offender.3 (§§ 261, subd. (a)(2), 288a, subd. (c), 290,…