People v. McKnight CA2/3

Filed 11/23/15 P. v. McKnight CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B260387

Plaintiff and Respondent, (Los Angeles County Super. Ct. No.TA047574) v.

LONNIE JAMES MCKNIGHT,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, William C. Ryan, Judge. Reversed and remanded. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Noah P. Hill and Viet H. Nguyen, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

Defendant and appellant Lonnie James McKnight appeals from an order denying his motion for recall and resentencing pursuant to Proposition 36, the Three Strikes Reform Act of 2012 (the Act). He contends that the trial court erred by finding him ineligible for resentencing on one of his current convictions. In light of People v. Johnson (2015) 61 Cal.4th 674 (Johnson), we reverse and remand. FACTUAL AND PROCEDURAL BACKGROUND On June 25, 1997, a jury convicted McKnight of second degree robbery (Pen. Code, § 211, count 1),1 receiving stolen property (§ 496, subd. (a), count 3), possession of a controlled substance, cocaine (Health & Saf. Code, § 11350, subd. (a), count 4), and giving false information to a police officer, a misdemeanor (§ 148.9, subd. (a), count 5). McKnight admitted suffering prior “strike” convictions for serious or violent felonies. (§§ 667, subds. (b) – (i), 1170.12, subds. (a)-(d).) The trial court sentenced McKnight to a term of 60 years to life pursuant to the Three Strikes law, comprised of consecutive 25 years to life terms on the robbery and possession of a controlled substance offenses, and two 5-year prior serious felony enhancements pursuant to section 667, subdivision (a), to run consecutive to the indeterminate terms. The court stayed sentence on count 3 and dismissed count 5. We affirmed the judgment. (People v. McKnight (Nov. 5, 1998, B116768) [nonpub. opn.].)2 On November 6, 2012, California voters approved the Act, which amended the Three Strikes law effective November 7, 2012. (Johnson, supra, 61 Cal.4th at p. 679; People v. Jernigan (2014) 227 Cal.App.4th 1198, 1203.) Prior to passage of the Act, a defendant convicted of two prior serious or violent felonies was subject to a 25 years to life sentence upon his or her conviction of any additional felony. (Johnson, supra, at p. 680; People v. Jernigan, supra, at p. 1203; People v. Superior Court (Kaulick) (2013)