People v. Johnson

A jury found defendant guilty of first degree murder (count I), attempted robbery (count II) and second degree burglary (count III); and as to each count, to be true, the special allegation that a principal was armed with a handgun (§ 12022, subd.(a), Pen. Code). He appeals from the judgment.

Facts

People’s Case

Frank Bakewell died of multiple gunshot wounds sustained in the morning of October 7, 1982.

Bakewell worked for the One-Stop check cashing service located in a shopping center. About 10 a.m., defendant and Laurence Anthony drove to the center in a yellow Dodge (TAW229), parked, exited and walked toward the check cashing service; Anthony, who held a gun in his hand, walked to the front while defendant walked to the rear of the building; on the way, defendant passed and said “good morning” to Noel Foucher, a shopping center employee whose store was at the end of the shopping center; after returning to his store, Foucher saw defendant and Anthony stand at the comer talking, and about a minute later walk past his store toward the other stores; a gas company truck pulled up, and a little while later Foucher heard a couple of shots and saw defendant and Anthony, who…