People v. Johnson CA2/7

INTRODUCTION

Deonta Darrell Johnson appeals his conviction and sentence for the murder of John Ruh. He argues that the trial court erroneously admitted hearsay statements from his accomplice Denmonne Lee, improperly instructed the jury it could consider “anything that [it] observed about the defendant while in the courtroom,” and that the court coerced the jury into reaching a guilty verdict. As to his sentence, Johnson argues that the trial court abused its discretion by denying the People’s motion to dismiss Johnson’s special circumstance and firearm enhancements. We affirm. The trial court did not err by admitting Lee’s statements as statements against Lee’s penal interest, nor did the court coerce the deadlocked jury. While the court erroneously instructed the jury it could consider “anything that [it] observed” about Johnson during trial, the error was not structural error or federal constitutional error but instead was state law error, and Johnson does not demonstrate prejudice on this record.1 We further conclude that Johnson’s claim of sentencing error is moot.

As further explained in the discussion, we previously issued an order to show cause returnable in the…