California v. WindfieldAnnotate this Case
Defendants Harquan Johnson and KeAndre Windfield were each convicted of one count of murder and one count of attempted murder, and assault with a semi-automatic firearm, along with gun discharge and gang enhancement allegations as to the murder and attempted murder counts. The charges arose from the shooting of two members of their own gang, the Ramona Blocc Hustlas, resulting in the death of one of them. Both defendants were sentenced to prison for 90 years to life. They appealed raising various claims. In the original opinion, filed August 2014, the Court of Appeal affirmed both defendants' convictions, but reversed Johnson’s sentence pursuant to California v. Gutierrez, 58 Cal.4th 1354 (2014), because, as a juvenile at the time of the crime, his sentence of 90 years to life was the functional equivalent of a term of life without possibility of parole and we directed other modifications of the sentence and abstracts of judgment. In November 2014, the California Supreme Court denied both defendants’ petitions for review, but, on its own motion, issued a grant-and-hold of review as to defendant Johnson, for consideration pending review in In re Alatriste, S214652, In re Bonilla, S214960, and California v. Franklin, S217699. In May 2016, the Supreme Court issued its decision in Franklin (63 Cal.4th 261 (2016)), and retransferred his case to the Court of Appeal with directions reconsider Johnson’s sentence. The appellate court issued a second opinion in September 2016, affirming those portions of the original opinion pertaining to issues not subject to the grant and hold, and reconsidered Johnson's sentence. Defendants again successfully petitioned for review; the Supreme Court retransferred the cases to the Court of Appeal with directions to reconsider the case in light of California v Canizales, 7 Cal.5th 591 (2019), and California v. Perez, 3 Cal.App.5th 612 (2016). Judgment was modified per direction, and defendants again appealed. In April 2020, the Supreme Court again transferred this matter to the appellate court to reconsider in light of Senate Bill 620 (Stats. 2017, ch. 682). After reconsideration, the Court of Appeal affirmed both defendants' convictions. As to Windfield, a hearing was warranted for both defendant and the State to make an accurate record of defendant’s characteristics and circumstances at the time of the offense, and to amend his abstract of judgment fix a date error. As to Johnson, the case was remanded for the limited purpose of a fitness hearing: if not fit, Johnson's convictions were to be reinstated; if the juvenile court found it would not have transferred Johnson to be tried as an adult, it should treat his convictions as juvenile adjudications and impose an appropriate "disposition" within its discretion. In addition, the court could exercise its discretion whether to strike or dismiss any of the firearm enhancements within the meaning of Senate Bill No. 620.