People v. Johnson

Good Law
109 Cal. App. 4th 1230·135 Cal. Rptr. 2d 848·2003 Cal. App. LEXIS 906·2003 Daily Journal DAR 6693·2003 Cal. Daily Op. Serv. 5289
Court of Appeal of CaliforniaJune 18, 2003B160112California3,212 words

Opinion

Opinion

Coffee, J.

Appellant Silas Johnson was tried before a jury and convicted of first degree home invasion robbery in concert and second degree murder with a gang allegation. (Pen. Code, §§211, 213, subd. (a)(1)(A), 187, subd. (a), 189, 186.22, subd. (b).) In this appeal, he raises claims of prosecutorial misconduct and argues that the trial court erred when it imposed a 10-year gang enhancement on his 15-year-to-life prison sentence for second degree murder. We reject the first contention, but agree that the enhancement cannot be applied to a count carrying a life term.

Facts

The Robbery Count

Appellant is a member of the Liggett Street gang (LSG) who goes by the name “Punch” or “One Punch.” He was an acquaintance of Andrew Callies and had purchased marijuana from him. Appellant knew that Callies owned several guns.

On November 27, 2000, appellant knocked on the door of Callies’s apartment and asked to buy some marijuana. He was accompanied by two other men. While they were in the apartment, appellant pulled a gun on Callies and made him lie on the floor. One of the other men pointed a gun at Callies’s girlfriend, who was also present, and made her go into a bedroom to wait with…

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