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PEOPLE v. JOHNSON

No. C094491.

83 Cal.App.5th 1074 (2022)

THE PEOPLE, Plaintiff and Respondent, v. FREDRICK LAMAR JOHNSON, Defendant and Appellant.

Court of Appeals of California, Third District.

October 4, 2022.

Attorney(s) appearing for the Case

Barbara A. Smith , under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta , Attorney General, Lance E. Winters , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, Michael A. Canzoneri and Eric L. Christoffersen , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

We are called upon to decide the extent to which fairly recent legislation, when considered together with the available case law interpreting that legislation, conferred new discretion on trial courts at sentencing. The discretion at issue here is a trial court's choice to impose an uncharged lesser included...

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