People v. Johnson

Good Law
115 Cal. App. 4th 1169·2004 Cal. App. LEXIS 192·2004 Daily Journal DAR 2208·9 Cal. Rptr. 3d 781·2004 Cal. Daily Op. Serv. 1440
Court of Appeal of CaliforniaFebruary 19, 2004B167361California1,074 words

Opinion

Opinion

Ortega, J.

Concluding that the trial court erred in amplifying on the reasonable doubt instruction, we reverse the judgment. Consequently, we do not reach defendant’s claim that the trial court erred in refusing to instruct on a “claim-of-right” burglary defense.

BACKGROUND

After dating for a short while, defendant and the victim became parents of a baby girl. The trio moved into an apartment. Defendant soon left the victim for another woman. Citing physical abuse, the victim obtained a restraining order requiring defendant to stay away from her. Nonetheless, they continued to see each other.

Between December 4, 2002, and February 4, 2003, police responded several times to the victim’s claims that defendant continued to harass her and use physical force such as slamming her finger in the apartment bathroom door, pulling her around by the hair, and beating her up. The victim would routinely complain to the police about abuse and then recant.

On February 4, 2003, defendant went into the victim’s apartment and removed a stereo and a cordless phone. He destroyed the goods by smashing them on the sidewalk.

When defendant was arrested, he had in his possession a wallet and…

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