P. v. Johnson CA3
Defendant Michael Allen Johnson appeals from a trial court order finding him ineligible for Proposition 47 resentencing under Penal Code section 1170.18, subdivision (i) (hereafter, § 1170.18(i); unless otherwise set forth, statutory section references that follow are to the Penal Code), which renders ineligible for resentencing persons with a prior conviction for murder. (§ 1170.18(i) [statute inapplicable to person with one or more prior conviction(s) for offense specified in § 667, subd. (e)(2)(C), which includes murder].) Defendant, an adult, contends the trial court erred in counting his prior juvenile adjudication for a 1992 murder (§ 187), committed when he was 17 years old, as a prior “conviction” disqualifying him from resentencing. We granted his request for judicial notice of voter information guides and legislative history of Proposition 47 and statutes addressing juvenile adjudications.
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