People v. Johnson CA2/8

Filed 4/22/22 P. v. Johnson CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B310165

Plaintiff and Respondent, Los Angeles County v. Super. Ct. No. TA095220

CEDRICK JOHNSON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, H. Clay Jacke II, Judge. Affirmed. Kathy R. Moreno, 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, Daniel Chang and Nicholas J. Webster, Deputy Attorneys General, for Plaintiff and Respondent. ____________________

A jury convicted Cedrick Johnson and a codefendant of first degree murder and attempted murder. Johnson filed a petition for resentencing under Penal Code section 1170.95 and requested appointment of counsel. Without appointing counsel, the trial court denied the petition because Johnson “was not convicted of murder pursuant to the felony murder rule nor the natural and probable consequence doctrine.” The trial court erred in denying the petition before appointing counsel, but the error was harmless because the record of conviction establishes Johnson is ineligible for relief as a matter of law. We affirm. Undesignated statutory citations are to the Penal Code. I Johnson and codefendant Daniel Colvin were members of the East Coast Crips gang. Early in the morning of January 27, 2008, East Coast Crips gang members shot several Grape Street gang members, killing two. Grape Street gang members then killed an East Coast Crips gang member in retaliation later that morning. About an hour after that, a black Impala drove past a housing project where two members of the Grape Street gang were standing outside, stopping on its second pass. A man got out of the front passenger side and fired several shots from a semiautomatic gun at the two men. The bullets killed one of the men and wounded the hand of the other. Police saw a black car with a raised object on the trunk on surveillance video from the housing project. They arrested Colvin and impounded his black Impala with a raised object on the trunk. Police arrested Johnson a few days later. During a search of Johnson’s home, they found pictures of people making gang signs, papers with East Coast Crips gang writing, and a printout from the L.A. Times homicide blog about the killing of one of the