People v. Johnson CA1/1

I.

FACTUAL AND PROCEDURAL

BACKGROUND

The underlying facts are set forth in our prior opinion. Briefly, in 2001, Johnson sexually assaulted and robbed the victim while she was working in a Santa Rosa thrift store where he had also worked. He then threatened to kill her if she reported him. After Johnson was arrested for these crimes, he arranged from jail for his wife to pay a hit man—who turned out to be an undercover police officer—to murder the victim.

2 The following year, a jury convicted Johnson of forcible rape, forcible oral copulation, forcible sexual penetration by a foreign object, second degree robbery, second degree burglary, criminal threats, and dissuading a witness.2 The jury also found true allegations under the One Strike law that he tied or bound the victim and committed a sexual offense during a burglary, and he admitted two prior prison terms under section 667.5(b).3 Two months later, in a separate trial, a second jury found Johnson guilty of conspiracy to commit murder and solicitation to commit murder.4 In April 2003, the trial court sentenced Johnson in both cases to a total term of 50 years to life plus 25 years in prison. The indeterminate sentence was…