People v. Johnson CA4/2

BACKGROUND

In 2021, Lee Johnson pled guilty to voluntary manslaughter (§ 192, subd. (a)) and

admitted to a firearm use enhancement (§ 12022.5, subd. (a)). In return, he received a

stipulated sentence of 21 years.

In December 2022, Johnson petitioned for resentencing under section 1170.91.

The prosecution opposed the petition, citing People v. King (2020) 52 Cal.App.5th 783

(King) for the proposition that resentencing under section 1170.91 was not available to

those serving stipulated sentences.

The court heard and denied the petition in February 2023. At the hearing the

prosecutor acknowledged Johnson would be a “great candidate for the Court’s

consideration,” but submitted on the argument in their opposition. The court agreed,

denying the petition based on the People’s briefing.

1 Unlabeled statutory citations refer to the Penal Code. 2 Johnson also argues that trial counsel’s failure to raise this argument below constituted ineffective assistance of counsel. Because we reverse and remand, this argument is moot, and we need not address it.

DISCUSSION

Section 1170.91 provides relief to defendants who were or are members of the

United States military “who may be…