People v. Johnson

Defendant and appellant Albert K. Johnson (appellant) was charged in an indictment with three counts of forcible oral copulation (Pen. Code, § 288a, subd. (c)), three counts of forcible penetration by a foreign object (§ 289, subd. (a)), one count of rape (§ 261, subd. (a)(2)) and one count of second degree robbery (§§ 211, 212.5, subd. (b)). The indictment also alleged the enhancement of kidnapping to commit sexual offenses. (§ 667.8, subd. (a).) One charge of forcible penetration was dismissed after the jury was unable to reach agreement on it and the jury found appellant guilty of the other charges and allegation. The trial court sentenced appellant to state prison for 24 years to be served consecutively to a 15-year prison term in another case.

Appellant contends that the three-year enhancement for kidnapping to commit sexual offenses was wrongly imposed because: (1) appellant was not charged or convicted of kidnapping; and (2) the instructions were erroneous. Supplemental briefs filed by appellant in propria persona contend that he was not provided effective assistance of counsel.

I. Facts of the Offenses

Johanna V. testified as follows: On December 8, 1991, at…