The People v. Johnson CA4/2

I. INTRODUCTION

Defendant Roshadd Bernard Johnson appeals from his conviction of robbery (Pen.

Code,1 § 211; count 1) and assault by means likely to produce great bodily injury (§ 245,

subd. (a)(1); count 2) with associated true findings on enhancement allegations of

personal infliction of great bodily injury (§ 12022.7, subd. (a)), offenses committed for

the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)), and a prison term prior

(§ 667.5, subd. (b)).

Defendant contends (1) his robbery conviction must be reversed because the trial

court erred by giving the jury a supplemental instruction that robbery could be the natural

and probable consequence of assault when the prosecutor had never argued that theory;

(2) the trial court erred by failing to instruct the jury on the lesser included offense of

theft when there was substantial evidence that the taking of property was an afterthought

in an assault arising from a domestic dispute; (3) the enhancements for great bodily injury

must be stricken because the evidence was insufficient to establish that defendant

personally inflicted great bodily injury; (4) the enhancements for great bodily injury

should be…