People v. Partner CA2/5

Filed 9/14/21 P. v. Partner CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B309748

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. A626198) v.

JOHNNY PARTNER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Laura R. Walton, Judge. Affirmed.

Ellen M. Matsumoto, under appointment by Court of Appeal, for Defendant and Appellant.

No appearance by Plaintiff and Respondent.

__________________________

In 1984, a jury found defendant Johnny Partner guilty of first-degree murder (Pen. Code, § 187, subd. (a))1 and found true the allegation that defendant had personally used a firearm in the commission of the murder (§ 12022.5). The trial court sentenced him to life without parole. On April 6, 2020, defendant filed a petition to vacate his murder conviction and for resentencing pursuant to section 1170.95. Defendant checked a box on the form petition indicating he had been convicted of first or second degree murder at trial under a felony murder rule or the natural and probable consequences doctrine. The District Attorney filed a response arguing that defendant was ineligible for relief under section 1170.95 because he was the actual killer. The response attached the reporter’s transcript of defendant’s sentencing hearing showing the jury found true that defendant had personally used a firearm in committing the murder. Defendant, through counsel, filed his reply arguing, among other things, that the Supreme Court was currently reviewing whether trial courts may consider the record of conviction in determining whether a defendant has made a prima facie showing under section 1170.95.2