P. v. Johnson CA2/8
A jury convicted Cedrick Johnson and a codefendant of first degree murder and attempted murder. Johnson filed a petition for resentencing under Penal Code section 1170.95 and requested appointment of counsel. Without appointing counsel, the trial court denied the petition because Johnson “was not convicted of murder pursuant to the felony murder rule nor the natural and probable consequence doctrine.” The trial court erred in denying the petition before appointing counsel, but the error was harmless because the record of conviction establishes Johnson is ineligible for relief as a matter of law. We affirm. Undesignated statutory citations are to the Penal Code.
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