People v. Johnson CA2/2

BACKGROUND

In 2015, defendant and codefendant Harry Keo were charged with the murder of Prince Mollett (Pen. Code, § 187, subd. (a), count 1). The information alleged that defendant personally used a firearm, personally and intentionally discharged a firearm, and personally and intentionally discharged a firearm proximately causing great bodily injury or death in the commission of the murder within the meaning of Penal Code section 12022.53, subdivisions (b), (c) & (d).

The information included a gang enhancement allegation under Penal Code section 186.22, subdivision (b)(1)(C) and another under section 12022.53, subdivision (e)(1) that a principal personally used and intentionally discharged a firearm. As Penal Code section 12022.53, subdivision (e)(1) applies when there is a gang finding and the prosecutor below declined to proceed on that gang allegation, the firearm allegation under that section was dismissed. Codefendant Keo was charged with three additional offenses, unlawful possession of a firearm and a drug offense. He and defendant were tried separately.

2 At defendant’s 2022 trial, the evidence showed defendant and codefendant Keo were gang members. Keo’s…