People v. Johnson CA2/2

Filed 6/10/22 P. v. Johnson CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B307181

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. A778000) v.

GARY JOHNSON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Mark S. Arnold, Judge. Dismissed.

Eric R. Larson, 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, Assistant Attorney General, Idan Ivri and Peggy Z. Huang, Deputy Attorneys General, for Plaintiff and Respondent. ______________________________

Defendant and appellant Gary Johnson (defendant) appeals from the July 24, 2020, summary denial of his petition for resentencing under Penal Code section 1170.95.1 Because we have already ordered the trial court to conduct further proceedings under section 1170.95, subdivision (c), with respect to a substantively identical petition for resentencing filed by defendant, we can provide no effective relief to defendant through this appeal. Accordingly, we dismiss the appeal as moot.2 BACKGROUND3 I. Conviction and Direct Appeal In 1987, a jury convicted defendant of first degree murder (§ 187, subd. (a)), felonious assault (§ 245, subd. (a)(1), (2)), and several counts of residential robbery (former § 213.5). Defendant was sentenced to an indeterminate term of 25 years to life for the murder, plus a determinate term of two years eight months for the other counts. We affirmed the judgment on direct appeal. (People v. Fulton (June 30, 1989), B028520 [nonpub. opn.], at p. 6.) II. First Petition for Resentencing and Appeal No. B307181 On May 26, 2020, defendant filed a petition to be resentenced pursuant to section 1170.95 (first petition for