People v. Johnson CA2/5

Filed 7/31/25 P. v. Johnson CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B337552

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. KA080251)

LAMONT JOHNSON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Jacqueline Lewis, Judge. Affirmed. George Schraer, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Noah P. Hill, Supervising Deputy Attorney General, Eric J. Kohm and David F. Glassman, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant and appellant Lamont Johnson’s (defendant’s) Penal Code section 1172.75 petition for resentencing asked the trial court to strike certain sentencing enhancements that were no longer valid under current law and to proceed with a plenary resentencing.1 The court held a resentencing hearing, struck the invalid enhancements, and declined to otherwise reduce defendant’s sentence. We are asked to decide whether the trial court erred when it reimposed an upper term sentence that defendant originally received for one of his convictions based on aggravating factors he did not admit and a factfinder did not find true.

I. BACKGROUND A. Defendant’s Conviction In 2013, a jury found defendant guilty of two counts of residential burglary and one count of receiving stolen property. At sentencing, and based on defendant’s admission to having sustained certain prior convictions, the trial court imposed a Three Strikes law 25 years to life prison sentence on one of the residential burglary counts, plus ten years for defendant’s two section 667, subdivision (a)(1) prior conviction enhancements and two years for two prior prison term enhancements under section 667.5, subdivision (b). The court imposed the same sentence for the second count of residential burglary and ordered the sentences to run consecutively. The court sentenced defendant to the upper term of three years on the receiving stolen property count, which was doubled