People v. Johnson CA2/8

INTRODUCTION

Kerry Johnson appeals from his judgment of conviction of first degree murder with a sodomy-murder special circumstance (Pen. Code1 §§ 187, subd. (a), 190.2, subd. (a)(17)(D)) and forcible sodomy (§ 286, subd. (c)(2)(A)). He argues that the trial court erred in failing to instruct the jury or grant a mistrial regarding the prosecution’s alleged failure to disclose the full scope of a rebuttal expert’s testimony. Johnson also asserts that the trial court erred in failing to conduct an in camera review of one of the victim’s mental health records, and that the cumulative effect of the alleged errors requires reversal. We conclude that none of Johnson’s claims has merit and accordingly affirm.

FACTUAL AND PROCEDURAL BACKGROUND

1. Charges In an amended information, the Los Angeles County District Attorney’s Office charged Johnson with crimes against two different victims. In count 1, Johnson was charged with the first degree murder of Kathy Brown (§ 187, subd. (a)), with a special circumstance allegation that the murder was committed while engaged in the crime of sodomy (§ 190.2, subd. (a)(17)(D)). In count 2, Johnson was charged with the sodomy of Devorah H. by…