People v. Lynn

Opinion

ALDRICH, J.

Defendant and appellant Everette Yvveck Lynn appeals from an order denying his motion for recall and resentencing pursuant to Proposition 36, the Three Strikes Reform Act of 2012 (the Act). He contends that the trial court erred by finding him ineligible for resentencing on one of his two current convictions. In light of People v. Johnson (2015) 61 Cal.4th 674 [189 Cal.Rptr.3d 794, 352 P.3d 366] (Johnson), we reverse and remand.

FACTUAL AND PROCEDURAL BACKGROUND

In 1996, a jury convicted Lynn of second degree robbery (Pen. Code, § 211) 1 and attempted grand theft person (§§…