People v. Johnson CA4/1

INTRODUCTION

A jury convicted Monta Johnson of first degree murder (Pen. Code,1 § 187, subd. (a)) and found true he personally and intentionally discharged a firearm, causing death (§ 12022.53, subd. (d)). He was sentenced to serve a total of 50 years to life in prison. On appeal, Johnson contends his conviction must be reversed because the evidence upholding it is inherently improbable or physically impossible and therefore insufficient. He also contends the trial court abused its discretion when it failed to dismiss or reduce the firearm enhancement. We reject both contentions and affirm the judgment.

BACKGROUND

I. The Prosecution’s Evidence On March 12, 2019, at approximately 12:15 p.m., deputies from the Riverside County Sheriff’s Department responded to a report of an “individual down” at a community park in Moreno Valley. When they arrived, they found Patrick Malloy lying next to his red Ford sedan in the parking lot of the park. He was bleeding profusely from a gunshot wound to the head and later died from his injury at the hospital. Sandra S. was sitting in her car in the parking lot at the time of the shooting. She told police she saw a burgundy car and a gray or…