People v. Johnson

Appellant Floyd Steven Johnson was convicted, following a jury trial, of a violation of Penal Code section 496 (possession of stolen property) with a finding by the jury that he inflicted great bodily injury upon the person of Joyce Moseman, within the meaning of Penal Code section 12022.7, and violation of Penal Code sections 242-243 (battery with serious bodily injury).

On November 17, 1978, appellant was sentenced to state prison for five years and four months—one year and four months for possession of stolen property; three years for infliction of great bodily injury; and one year for the prior felony conviction. Sentence on the battery conviction was stayed pursuant to section 654.

The appeal is from the judgment.

Joyce Moseman and Stephanie Shivers entered the Boston Disco and were seated at a table. They put their purses on the backs of their chairs. Moseman noticed appellant and another male standing at the bar. Appellant then sat down at a table directly behind Moseman’s table and the other man asked Moseman to dance. When Moseman declined the invitation, the man, dressed in beige pants and dark sweater, left the disco through the door leading to the bowling…