Modification: People v. Johnson

THE PEOPLE,

Plaintiff and Respondent,

v.

RYAN JAMES JOHNSON,

Defendant and Appellant.

2d Crim. No. B299044

(Super. Ct. No. F435613002)

(San Luis Obispo County)

THE PEOPLE,

Plaintiff and Respondent,

v.

JESSE MICHAEL BAKER-RILEY,

Defendant and Appellant.

2d Crim. No. B302697

(Super. Ct. No. F435613001)

(San Luis Obispo County)

California Courts of Appeal

Second Appellate District

Division Six

Filed December 1, 2020

THE COURT:

It is ordered that the opinion filed herein on November 9, 2020, be modified as follows:

On page 14, the first full paragraph, beginning 'There is no merit to Johnson's imaginative claim" is deleted and the following paragraph is inserted in its place:

"We need not decide whether, after the effective date of S.B 1437, Johnson "could not be convicted of [provocative act murder] because of changes to Section 188 . . . ." (§ 1170.95, subd. (a)(3).) If he could not be so convicted today, he would still be ineligible for relief under section 1170.95 because he was not originally "convicted of felony murder or murder under a natural and probable consequences theory . . . ." (Id., subd. (a).) As we explain below, we cannot conclude that the Legislature intended to afford relief to persons convicted of murder under other theories such as provocative act murder.

There is no change in judgment.

Appellant Ryan James Johnson's Petition for Rehearing is denied.

GILBERT, P.J.

YEGAN, J.

PERREN, J.