P. v. Johnson
This court previously affirmed defendants convictions by jury trial for taking of a vehicle without the owners consent (Veh. Code, 10851, subd. (a)), possession of a firearm by a felon (Pen. Code, 12021.1, subd. (a)),[1]possession of ammunition by a felon ( 12316, subd. (b)(1)), possession of drug paraphernalia (Health & Saf. Code, 11364), and receiving stolen property ( 496, subd. (a)), and remittitur was issued on January 19, 2007. (People v. Johnson (Oct. 30, 2006, A111689) [nonpub. opn.] (Johnson I).) Our Supreme Court denied review. On April 16, 2007, the United States Supreme Court granted certiorari, vacated the judgment, and remanded the matter to this court for further consideration in light of Cunningham v. California (2007) 549 U.S., 127 S.Ct. 856 (Cunningham). This court ordered remittitur recalled, and requested supplemental briefing to address the effect, if any, of Cunningham on the issues presented in this appeal. Defendant argues in his supplemental brief that his sentence violated Cunningham. Court disagree and again affirm.
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