People v. Johnson CA1/1

Filed 1/19/22 P. v. Johnson CA1/1 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A158366 v. JULIAN H. JOHNSON, (Contra Costa County Super. Ct. No. 51603604) Defendant and Appellant.

In our March 2021 opinion in this matter, we ruled that appellant Julian H. Johnson was ineligible for resentencing under the procedures set forth in Penal Code1 section 1170.95 because he had been convicted of voluntary manslaughter and attempted murder, not murder. (People v. Johnson (Mar. 30, 2021, A158366) [nonpub. opn.] (Johnson I).) In December 2021, our Supreme Court directed us to reconsider the cause in light of Senate Bill No. 775 (2020–2021 Reg. Sess.) (Senate Bill 775), which clarifies that section 1170.95 does apply to persons convicted of voluntary manslaughter and attempted murder. Both appellant and the Attorney General agree that this matter should be remanded to the trial court for further consideration. We concur.

1 All statutory references are to the Penal Code.

1

Accordingly, we vacate our prior opinion, reverse the order denying appellant’s resentencing petition, and remand the matter to the trial court with directions. FACTUAL AND PROCEDURAL BACKGROUND As we recounted in our prior opinion, “[o]n June 17, 2015, appellant drove Clydedale Hoskin and Miguel Gutierrez to a location in Antioch to acquire narcotics and commit a robbery. After appellant parked the car, Hoskin and Gutierrez exited the vehicle wearing masks and armed with guns and approached a group of people who were congregated outside. Appellant planned to join the two men but was delayed while he hid their cell phones inside the car. Hoskin ordered everyone to the ground and shot into the group, hitting Shannah Tatum in her head and leg. A man in the group fired back and hit Hoskin, killing him. Gutierrez returned fire, killing a bystander named Adrian Craig. Gutierrez returned to the car alone and appellant drove away.” (Johnson I, supra, A158366, fn. omitted.) In 2016, appellant and two codefendants were charged with two counts of murder (§ 187, subd. (a)), one count of attempted second degree robbery (§§ 664/211), and one count of attempted murder (§§ 664/187, subd. (a)). Several enhancements were also alleged against appellant, including four firearm use enhancements. (§ 12022.5, subd. (a).) In 2018, appellant pleaded no contest to two counts of voluntary manslaughter (§ 192, subd. (a)) and to the other two counts as charged, i.e., attempted murder and attempted robbery. He also admitted the firearm use enhancement allegations and two prior prison term enhancements. (§ 667.5.) The trial court sentenced him to a determinate term of 20 years in state prison.