People v. Johnson CA4/3

FACTS

I.

THE INFORMATION

The prosecution charged appellant with attempted murder and other offenses. The information alleged several firearm enhancements. It further alleged several aggravating sentencing circumstances, including that the crimes “involved great violence, great bodily harm, threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness, or callousness.” (California Rules of Court, rule 4.421(a)(1); the “great violence” circumstance.)3 The information did not include an additional allegation that Johnson had “engaged in violent conduct that indicate[d] a serious danger to society.” (Rule 4.421(b)(1); the “danger to society” circumstance.) The matter proceeded to bifurcated trials on guilt and the aggravating circumstances.

II.

GUILT PHASE EVIDENCE AND VERDICT

In February 2020, Johnson and his father drove together to a liquor store in San Bernardino. Security video from the front of the store showed the victim and several other individuals gathered just outside the store.4 After Johnson and his father arrived at the store’s parking lot, Johnson entered the store and returned to the vehicle with items. He then walked back toward the…