People v. Johnson CA3

I. BACKGROUND

Defendant and two confederates committed a series of robberies and attempted robberies of Sacramento area gas stations in 2005. (People v. Johnson (2010) 183 Cal.App.4th 253, 261.) Defendant shot and killed an attendant during the last attempted robbery. (Ibid.) Defendant was 18 years old at the time. A jury found defendant guilty of first degree murder (§ 187, subd. (a)) and found true the special circumstance that the murder was committed during an attempted robbery (§ 190.2, subd. (a)(17)(A)). The jury also found defendant guilty of five counts of second degree robbery (§ 211) and two counts of attempted robbery (§§ 664/211), and found firearm and armed principal enhancements to be true (§§ 12022, subd. (a)(1), 12022.53, subds. (b) & (d)). The trial court sentenced defendant to LWOP for the special circumstance murder with an additional 25 years to life for the firearm enhancement

1 Undesignated statutory references are to the Penal Code.

2 attached to the murder conviction, and an additional consecutive determinate term of 34 years four months for the remaining convictions and enhancements. Defendant appealed, and another panel of this court affirmed. (People…