P. v. Johnson CA2/5
In 2006, Ronnie Edward Johnson was convicted of, among other things, the murder of Charles Trice (Pen. Code, § 187, subd. (a)) with burglary-murder and robbery-murder special circumstance findings (§ 190.2, subd. (a)(17)). In 2019, Johnson filed a petition for resentencing under section 1170.95. The court denied the petition, and Johnson filed this appeal. He contends the trial court erred when it concluded as a matter of law that he did not qualify for resentencing due to the jury’s special circumstance findings. Johnson also argues, and the People concede, that the court erred when it weighed the evidence at the prima facie stage of the proceedings to find Johnson was either the actual killer or a direct aider and abettor who had the intent to kill. We reverse and remand for issuance of an order to show cause.
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