People v. Johnson CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

Johnson’s conviction was based on his conduct during two different time periods: December 2020 and February 2021. Shortly after midnight on December 30, 2020, Johnson burglarized a home while the residents were upstairs in bed. During the burglary, Johnson took, among other things, a purse that contained a credit card. At 9:00 a.m. that same morning Johnson used the credit card he obtained during the residential burglary to buy a power tool from a Toolmart store for $1,336.09. On February 1, 2021, Johnson entered a discount store, where he took an employee’s purse from the employee lunch area of the store. Based on his conduct on December 30, 2020, Johnson was charged with first degree burglary of the residence (§§ 459, 460, subd. (a)) (count 1); burglary of Toolmart (§ 459) (count 2); and unlawfully using the personal identifying information of another (§ 530.5 subd. (a)), premised on his use of the stolen credit card to make the purchase at Toolmart (count 3). Based on his conduct on February 1, 2021, Johnson was charged with burglary of the

discount store (§ 459) (count 5).2 In addition, based on convictions for first degree burglary in…