Johnwell

People v. Johnwell

Bad Law
121 Cal. App. 4th 1267·18 Cal. Rptr. 3d 286·2004 Cal. App. LEXIS 1429·2004 Daily Journal DAR 10780·2004 Cal. Daily Op. Serv. 8050
Court of Appeal of CaliforniaAugust 30, 2004F041899California6,624 words

Opinion

Opinion

Ardaiz, J.

By third amended information, defendant Michael D. Johnwell was charged with murder involving the personal use of a firearm and the personal and intentional discharge of a firearm during commission of a felony which proximately caused death (Pen. Code, §§ 187, subd. (a), 12022.5, subd. (a)(1), 12022.53, subd. (d)). A special circumstance of murder during the commission of attempted robbery was also alleged (§ 190.2, subd. (a)(17)). Defendant pled not guilty and denied the special allegations.

On or about January 21, 1999, a doubt was declared as to defendant’s mental competence and criminal proceedings were suspended pursuant to section 1368. Following a jury trial on the issue, defendant was found competent to stand trial. Criminal proceedings were reinstated, and he was ultimately convicted as charged. The trial court subsequently struck the special circumstance finding, sentenced defendant to a total unstayed term of 50 years to life in prison, and imposed a $10,000 restitution fine. This timely appeal followed.

FACTS

The circumstances of the underlying offense are not pertinent to the issues raised on appeal. As summarized in the probation officer’s report, “On…

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