P. v. Johnson CA2/3
A jury convicted defendants Cecil Johnson and Devonte Lamar Bailey of gang-related, first degree murder and found true firearm-use and gang allegations. On appeal, defendants contend the trial court erred in finding one of two earlier dismissals was justified by excusable neglect, thus entitling the prosecutor to refile the case.
Johnson separately contends his conviction was not supported by substantial evidence and the trial court erred by ruling the preliminary hearing testimony of two witnesses was admissible at trial because they were unavailable. Bailey also contends his trial counsel provided ineffective assistance, Proposition 57 violates equal protection, and he was not permitted a Franklin hearing. (See People v. Franklin (2016) 63 Cal.4th 261.)
We affirm the judgment of convictions. However, we reverse the sentencing and remand the matter to the trial court to correct certain sentencing errors and provide Bailey with a Franklin hearing.
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