P. v. Johnson CA2/3
APPEAL from an order of the Superior Court of Los Angeles County, John J. Lonergan, Jr., Judge. Reversed and remanded with directions.
Nancy J. King, under appointment by the Court of Appeal, for Defendant and Appellant.
Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Daniel C. Chang and Scott A. Taryle, Deputy Attorneys General, for Plaintiff and Respondent.
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Billy George Johnson appeals from the order denying his petition for resentencing under Penal Code former section 1170.95 (now § 1172.6).
Johnson raises several arguments on why the trial court erred. Most pertinent, Johnson contends the record of conviction cannot conclusively refute the possibility that he was convicted of second degree murder under a theory where malice was imputed based solely on his participation in a crime, which is no longer a valid theory following passage of Senate Bill No. 775 (2021–2022
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