People v. Johnson

A jury convicted 64-year-old defendant George Edward Johnson, Sr., of first degree murder (Pen. Code, § 187, subd. (a)— count one) and stalking (§ 646.9, subd. (a)—count two) of his estranged wife Linza Johnson, and found true the allegation that defendant personally used a firearm in the commission of count one (§ 12022.5, former subd. (a)(1)). The court found true the allegation that defendant had a prior serious felony conviction within the meaning of section 667, subdivision (a), a “strike.” (§§ 667, subds. (b)-(i), 1170.12.) The court sentenced defendant to an aggregate term of 50 years to life plus 19 years.

On appeal, defendant argues that he is entitled to reversal because (1) the court abused its discretion and violated his constitutional right to counsel by denying his request to substitute retained counsel; (2) the court abused its discretion under Evidence Code section 352 and violated his due process rights by admitting evidence of uncharged incidents of domestic violence; (3) the court violated his due process rights by instructing the jury with Judicial Council of California Criminal Jury Instructions (2006) CALCRIM No. 852; and (4) the prosecutor…