People v. Johnson CA2/2
B348511
Cal. Ct. App.Jan 8, 2026Check TreatmentFiled 1/8/26 P. v. Johnson CA2/2
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions
not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion
has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE, B348511
Plaintiff and Respondent, (Los Angeles County
Super. Ct. No.
v. NA091413-02)
KENNETH RAY JOHNSON,
Defendant and Appellant.
THE COURT:
Kenneth Ray Johnson (Appellant) appeals from a denial of
his petition for resentencing pursuant to Penal Code section
1172.6. His attorney filed a brief pursuant to People v. Delgadillo
(2022) 14 Cal.5th 216, seeking our independent review of the
record. Appellant filed a supplemental brief arguing that the
trial court erred when it denied relief because “there is enough
evidence to show Appellant was not the shooter and Appellant
never intended for the victim to be shot.”
This is Appellant’s second petition for relief under Penal
Code section 1172.6 and his second appeal from a denial of relief.
In our previous decision, we affirmed the denial. We held the
trial court’s conclusion that Appellant was a major participant in
a robbery who acted with reckless indifference to human life was
supported by substantial evidence. (People v. Johnson, (March
28, 2024, B317590) [nonpub. opn.] at pp. 2, 13, 15–16 .)
Appellant argues the trial court was again wrong to deny
relief on the basis that he did not shoot the victim. But he
presented no new evidence to the trial court, and there is no new
evidence in the record before us on appeal. Accordingly, our
holding in Appellant’s prior appeal is binding as law of the case.
(See People v. Mattson (1990) 50 Cal.3d 826, 850 [law of the case
doctrine controls the outcome when the evidence on retrial or
rehearing of an issue is substantially the same as that upon
which the appellate ruling was based].) The trial court correctly
denied relief.
DISPOSITION
The Order filed August 5, 2025, denying the petition for
resentencing under Penal Code section 1172.6 is affirmed.
LUI, P. J. CHAVEZ, J. SIGGINS, J.*
* Retired Presiding Justice of the Court of Appeal, First
Appellate District, assigned by the Chief Justice pursuant to
article VI, section 6 of the California Constitution.
2