People v. Johnson CA3

I. BACKGROUND

In 2000, defendant approached the victim as she was providing directions to an elderly person in her driveway. Defendant pushed the victim into the side of her car, reached in and grabbed her purse, and ran off. The victim’s housemate heard her screaming, saw defendant running away, and chased him. Defendant grabbed a bicycle that was leaning against a garage door and pushed it down the street. As he fled, he

1 Undesignated statutory references are to the Penal Code.

2 People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero).

2 turned and told the housemate, “ ‘If you come any closer, I’ll kick your fuckin’ ass,’ ” so she stopped chasing him. A police officer in the area subsequently saw defendant riding a bicycle. When he attempted to block defendant’s path and ordered him to stop, defendant jumped off the bicycle, hurled it toward the officer, and ran off. Defendant was eventually arrested. A jury found defendant guilty of robbery (§ 211), and the trial court sentenced him as a third strike offender to 25 years to life, plus 15 years for three prior serious felony enhancements. Defendant appealed. This court modified the judgment, striking one five-…