People v. Johnson CA2/5

Filed 1/21/26 P. v. Johnson CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B343764

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA100181) v.

NIESIIA JOHNSON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Mike Camacho, Judge. Affirmed. Marilee Marshall, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Steven D. Matthews and Analee J. Brodie, Deputy Attorneys General, for Plaintiff and Respondent.

Niesiia Johnson challenges the trial court’s order finding her prima facie ineligible for resentencing under Penal Code1 section 1172.6. The court denied Johnson’s petition in a minute order without first appointing counsel or holding a hearing on the ground that she was found guilty as the actual killer. The parties agree that the trial court erred by failing to appoint counsel, but disagree regarding whether the error was harmless. We agree with the parties that the trial court erred, but conclude that the error was harmless. The record shows that Johnson’s jury was not instructed on aiding and abetting, natural and probable consequences murder, felony murder, or any other theory that is no longer valid because it imputes malice to the defendant to impose liability for murder. The jury necessarily convicted Johnson as the actual killer, so she is ineligible for relief as a matter of law.