People v. Johnson

Good Law
107 Cal. Rptr. 3d 228·183 Cal. App. 4th 253·2010 Cal. App. LEXIS 429
Court of Appeal of CaliforniaMarch 30, 2010C055139California15,524 words

Opinion

Opinion

Nicholson, J.

During a two-week period in 2005, defendants Joseph Terrell Johnson and Jessica Nicole Holmes, along with Holmes’s boyfriend, Corey Schroeder, robbed or attempted to rob at least five gas stations in the Sacramento area. Their mode of operation was virtually the same for each robbery: Schroeder would case the station, Johnson would rob the station attendant at gunpoint, and Holmes would drive them away. On the trio’s last attempted robbery, Johnson shot and killed the station attendant, Prem Chetty.

Separate juries convicted Johnson and Holmes of murder during the commission of an attempted robbery, and multiple counts of second degree robbery and attempted second degree robbery. (Pen. Code, §§ 187, subd. (a), 190.2, subd. (a)(17), 211, 664.) They also found true gun-use enhancements and principal-armed enhancements as to each count. (Pen. Code, §§ 12022, subd. (a)(1), 12022.53, subds. (b), (d).)

The trial court sentenced Johnson to a prison term of fife without the possibility of parole for the special circumstance murder, an additional 25 years to life for the firearm enhancement attached to the murder conviction, and an additional consecutive determinate term of 34…

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