Legal Opinion
People v. Johnson
California Court of Appeal, 5th District
Decided March 4, 2019No. 2d Crim. No. B290213PublishedCited by 22 opinions
1Opinion of the CourtYegan, Acting P. J.
*362*940Senate Bill No. 620 does not automatically trigger resentencing for a prisoner who was previously found to have used a firearm in the commission of a felony. The Legislature has expressly limited the reach of newly enacted Penal Code § 12022.53, subd. (h).1 A defendant serving a sentence pursuant to a "final" judgment, who asks for such relief, should receive a "summary denial." (See People v. Romero (1994) 8 Cal.4th 728, 737, 35 Cal.Rptr.2d 270, 883 P.2d 388.) The State of California has a "powerful interest in the finality of its judgments. ... [P]articularly strong in criminal cases,…
2Cases cited7 opinions
- In Re HarrisCalifornia Supreme Court · 1993
- People v. VieiraCalifornia Supreme Court · 2005
- People v. RomeroCalifornia Supreme Court · 1994
- People v. Woods, California Court of Appeal, 5th District2018
- People v. Fuimaono, California Court of Appeal, 5th District2019
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- People v. Hernandez, California Court of Appeal, 5th District2019
- People v. Fox, California Court of Appeal, 5th District2019
- Botello v. NeuschmidDistrict Court, N.D. California · 2020
- People v. AlexanderCalifornia Court of Appeal · 2020
- People v. Alonzo CA2/3California Court of Appeal · 2020
17 more not listed; retrieve them via the Exa API.