P. v. Johnson CA6
In 2007, defendant Rodwick Johnson pleaded guilty to kidnapping and two counts of second degree robbery. (Pen. Code, §§ 207, 211.) He also admitted a gang enhancement, a firearm possession enhancement, and that he had suffered a prior strike conviction. (§§ 186.22, subd. (b)(1), 1170.12, subd. (c)(1), 12022.53, subd. (b).) The trial court imposed a total term of 40 years in state prison.
In March 2021, the Secretary of the California Department of Corrections and Rehabilitation (the Secretary) sent a letter to the trial court recommending that it recall Johnson’s sentence under former section 1170, subdivision (d)(1) based on his “exceptional conduct while incarcerated.” The trial court declined to consider modifying or reducing Johnson’s sentence based on the ground that it was the result of a negotiated disposition.
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