P. v. Johnson CA2/4
In 1996, a jury convicted defendant and appellant Maurice Johnson of sale or receipt of an access card to defraud (i.e., using a stolen credit card) (count one) and possession of a forged driver’s license (count two). The trial court found Johnson sustained 10 prior strike convictions. It sentenced him to 25 years to life on count one and stayed sentencing on count two.
In 2016, Johnson petitioned for resentencing under Proposition 47. The trial court concluded he was eligible for resentencing on count one but ineligible on count two. The court declined to dismiss any prior strikes when resentencing on count two and imposed the previously stayed sentence of 25 years to life on that count.
On appeal, Johnson argues the trial court abused its discretion by declining to dismiss his prior strikes and by lifting the stay on count two. He also argues the court erred by not permitting him to be represented by his retained counsel of choice. We agree with Johnson’s latter contention.
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