People v. Johnson

*1205 Opinion

A jury convicted Willie Darnell Johnson of the murder of Mrs. Willie Womble (Pen. Code, § 187), 1 the attempted murder of Ms. Angela Womble (§§ 187, 664), robbery in an inhabited dwelling (former § 213.5; see now § 212.5), and first degree burglary (§§ 459, 460). Robbery and burglary felony-murder special-circumstance allegations were found true. (§ 190.2, subd. (a)(17)(i), (vii).) The jury also found that defendant personally used a firearm in the commission of these offenses (§ 12022.5) and inflicted great bodily injury in the commission of the attempted murder, the robbery, and the burglary (§ 12022.7). Following a penalty trial, the jury sentenced defendant to death. This appeal is automatic. (§ 1239, subd. (b).)

We affirm the judgment in its entirety.

We dismiss defendant’s related appeal from a postjudgment order of the trial court (No. 12228).

Guilt Phase Facts

A. Prosecution Case

On July 1, 1986, Angela Womble lived with her mother, Mrs. Willie Womble, and her 16-month-old son, Terrance (Tee Tee), at 111 South 42nd Street in Richmond. Tee Tee’s father was Angela’s former boyfriend, Terrance (Tee) Henderson. Henderson was reputed to be a drug…

I concur in the judgment. After review, I agree with the majority that the judgment in No. S004778 (Crim. No. 26412) should be affirmed and that the appeal in No. S012228 should be dismissed.

*1259 I write separately to address at some length defendant’s claim that the trial court erred by refusing to give the following instruction on his request: “It is appropriate for you to consider in mitigation any ‘lingering doubts’ you may have concerning defendant’s guilt. Lingering doubt is defined as that state of mind between beyond a reasonable doubt and beyond all possible doubt.”

The seminal case on “lingering doubt” is People v. Terry (1964) 61 Cal.2d 137 [ 37 Cal.Rptr. 605 , 390 P.2d 381 ],

In that case, we held that the California death penalty law did not permit a capital defendant to “attack ... the legality of the . . . adjudication” of guilt. (People v. Terry, supra, 61 Cal.2d at p. 145 .) Our conclusion “rest[ed] upon the self-evident prohibition of any attempt to relitigate the . . . conviction.” (Ib id.)

But we also held that the statutory scheme did indeed allow capital jurors to “conclude that the prosecution has discharged its burden of proving defendant’s guilt…

A jury convicted Willie Darnell Johnson of the murder of Mrs. Willie Womble (Pen. Code, ง 187), [1] the attempted murder of Ms. Angela Womble (งง 187, 664), robbery in an inhabited dwelling (former ง 213.5; see now ง 212.5), and first degree burglary (งง 459, 460). Robbery and burglary felony-murder special-circumstance allegations were found true. (ง 190.2, subd. (a)(17)(i), (vii).) The jury also found that defendant personally used a firearm in the commission of these offenses (ง 12022.5) and inflicted great bodily injury in the commission of the attempted murder, the robbery, and the burglary (ง 12022.7). Following a penalty trial, the jury sentenced defendant to death. This appeal is automatic. (ง 1239, subd. (b).)

We affirm the judgment in its entirety.

We dismiss defendant's related appeal from a postjudgment order of the trial court (No. 12228).

On July 1, 1986, Angela Womble lived with her mother, Mrs. Willie Womble, and her 16-month-old son, Terrance (Tee Tee), at 111 South 42nd Street in Richmond. Tee Tee's father was Angela's former boyfriend, Terrance (Tee) Henderson. Henderson was reputed to be a drug dealer.

While Angela was Henderson's…