People v. Johnson CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts

In early 2011, Philip Williamson (Williamson) was in the business of importing higher grade marijuana called “sour diesel” from northern California and reselling it to marijuana dispensaries in West Los Angeles. He ran the business out of his Westside apartment, and kept a gun. Just before March 24, 2011, Williamson had stowed in his apartment approximately

Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.) For simplicity’s sake, we will refer to the section by its new numbering only. All further statutory references are to the Penal Code unless otherwise indicated.

2 pounds of sour diesel marijuana and somewhere between $100,000 and $375,000 or “even more than that” in cash. Marcel Mackabee (Marcel)2 knew Williamson and would sometimes smoke marijuana with him. Marcel decided to rob Williamson. Marcel enlisted the aid of Charles Mackbee (Mackbee), his cousin; Mackbee recruited defendant whom he referred to as his “right-hand man” because defendant was a “big, aggressive” guy. Mackbee later said they had agreed to “set [Williamson] up and [defendant]…