People v. Johnson CA4/2

Filed 3/27/24 P. v. Johnson CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E080742

v. (Super.Ct.No. FVA901805)

LEE ALLEN JOHNSON, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Michael A.

Camber, Judge. Reversed and remanded with directions.

Nate Crowley, under appointment by the Court of Appeal, for Defendant and

Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney

General, Charles C. Ragland, Senior Assistant Attorney General, and Kristen Chenelia

and Daniel Rogers, Deputy Attorneys General, for Plaintiff and Respondent.

1

In 2022, Lee Allen Johnson sought resentencing under Penal Code section 1 1170.91, which the trial court denied. On appeal, Johnson argues, and the People agree,

that recent changes to section 1170.91 make him eligible for resentencing, and that the 2 trial court erred by finding him ineligible. We agree with the parties, reverse, and

remand.