People v. Johnson CA2/8

California Court of Appeal Aug 15, 2024 No. B337115Unpublished

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Holding. The court affirmed the denial of the defendant's petition for recall of sentence under Penal Code section 1172.1, finding the statute inapplicable because the defendant was sentenced over 16 years ago and no authorized official recommended recall.

Issues

Whether the trial court erred in denying a petition for recall of sentence under Penal Code section 1172.1.
Whether claims of innocence and prosecutorial or law enforcement misconduct are cognizable in a petition for recall of sentence under section 1172.1.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Appellant was sentenced over 16 years ago and there is no evidence of any officials, including CDCR, recommending recall and resentencing. This section does not apply.”

“Appellant’s other contentions about misconduct by prosecutors, law enforcement, the trial judge, and defense counsel are not properly brought under the authority of a petition to recall sentence pursuant to section 1172.1.”

Filed 8/15/24 P. v. Johnson CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B337115

Plaintiff and Respondent, Los Angeles County Super. Ct. No. TA095220-02 v.

CEDRICK JOHNSON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, John J. Lonergan, Judge. Affirmed.

Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), we review an order denying defendant Cedrick Johnson’s petition for recall of sentence brought under Penal Code1 section 1172.1. We affirm. BACKGROUND On June 19, 2008, Johnson, along with co-defendant Daniel Colvin, was charged with the murder of Maurio Proctor and the attempted willful, deliberate and premeditated murder of Rashad Harris. Both defendants were charged with firearm and gang enhancements as to all counts. On September 2, 2008, a jury found Johnson guilty of both counts and found true the firearm and gang enhancements. On October 31, 2008, the Superior Court sentenced Johnson to a term of 25 years to life for first degree murder. It added 25 years for a firearm enhancement under section 12022.53, subdivision (d). The trial court imposed a concurrent term of life in prison with an additional 25 years pursuant to section 12022.53, subdivision (d). On January 15, 2024, Johnson filed a request to recall his sentence pursuant to section 1172.1. On February 23, 2024, the trial court declined to take action on the motion as permitted by section 1172.1, subdivision (c). The trial court also concluded it had no jurisdiction to modify the sentence outside the initial 120- day window, citing People v. Antolin (2017) 9 Cal.App.5th 1176. Johnson filed a timely notice of appeal. On June 5, 2024, we appointed counsel to represent Johnson on appeal. On July 1, 2024, counsel filed a no issue brief pursuant to Delgadillo. Counsel advised us appellant was told he may file his own supplemental brief within 30 days. Counsel sent

People v. Johnson CA2/8

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B337115

CEDRICK JOHNSON,

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