P. v. Johnson CA6
Defendant Joe Randel Johnson appeals from the trial court’s denial of his second petition for resentencing under Penal Code section 1170.126. One of defendant’s 2004 convictions was for a nonserious, nonviolent felony offense, and he received a sentence of 25 years to life for that conviction. He contends that the trial court erroneously concluded that he was not eligible for resentencing. The Attorney General does not defend either of the trial court’s actual reasons for denying defendant’s petition but instead contends that the trial court’s denial of defendant’s petition should be upheld on the ground that the 2017 petition was untimely. Because the trial court has not yet had the opportunity to consider whether there was good cause for the late filing of the petition, we reverse the trial court’s order.
Comments on P. v. Johnson CA6