People v. Johnson CA2/5

FACTS AND PROCEDURAL BACKGROUND

On May 28, 1999, a jury found Johnson guilty of four counts of possessing a check with intent to defraud (Pen. Code, § 475) and one count receiving stolen property (Pen. Code, § 496).1 The jury found Johnson had been convicted of two prior serious felonies for purposes of the Three Strikes law (§ 1170.12); specifically, he had been convicted in 1982 of attempted murder and attempted robbery. Because the check fraud was his third strike, he received a sentence of 28 years to life, comprised of four concurrent terms of 25 years to life plus three one-year prior prison enhancements under section 667.5, subdivision (b). The court stayed the sentence on the count for receiving stolen property. Johnson’s convictions were affirmed on direct appeal. (People v. Johnson, B133580 (May 11, 2000) [nonpub opn.].) On February 9, 2022, Johnson filed a petition for resentencing under section 1172.75 (former section 1171.1) requesting that the trial court strike his three one-year enhancements for prior prison terms and conduct a full resentencing. The trial court initially denied Johnson’s petition without a hearing or appointing counsel based on its belief that…