P. v. Johnson CA3
In 2002, defendant Fredrick Lamar Johnson went on a crime spree, robbing and assaulting numerous people at gunpoint. In exchange for a stipulated sentence of 46 years two months in prison, he pleaded no contest to multiple charges and admitted several firearm enhancements in two separate cases. In 2003, the trial court sentenced him in both cases to an aggregate term of 46 years four months in state prison.
In 2017, after the Department of Corrections and Rehabilitation (CDCR) pointed out that the sentence was unauthorized for various reasons, the court resentenced defendant to 46 years by striking a Penal Code section 12022.5 firearm enhancement. The court did so without a supplemental probation report and before Senate Bill No. 620 (2017-2018 Reg. Sess.) (hereafter Senate Bill 620) went into effect, which now gives trial courts discretion to strike firearm enhancements.
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