P. v. Johnson CA2/7
Kenneth Wayne Johnson appeals an order denying his petition for resentencing after the trial court reduced his 1995 felony conviction for possession of cocaine to a misdemeanor pursuant to Penal Code section 1170.18. Johnson argues, and the Attorney General acknowledges, the court erroneously denied the petition in the mistaken belief the sentence in the drug case had run concurrently with, rather than consecutively to, Johnson’s 1996 three strikes sentence for a robbery/burglary. However, the Attorney General asserts Johnson forfeited the issue by failing to object in the trial court and, in any event, the claim is moot. Neither contention has merit. We reverse the order and remand the matter for a new resentencing hearing.
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