People v. Johnson

Appellant Charles Wayne Johnson (Johnson) appeals from his conviction by jury in count 1 of second degree murder with personal use of a deadly weapon, in count 2 (on the same facts) of vehicular manslaughter with gross negligence, and in count 3 of unlawful taking and driving a vehicle. Johnson thereafter admitted two prior felony convictions and a prison term. Counsel on appeal challenges the conviction of second degree murder, asserts admission of the priors was invalid, and rulings on evidence and a jury instruction were error. Johnson personally argues fact-specific errors in various proceedings leading to his convictions. We affirm the judgment of guilt, reverse the judgment on the prior conviction allegations, and remand for further proceedings.

Facts

There is essentially no dispute about the facts of the offenses. On the evening of June 13, 1991, Muasafumi Morita parked his red 1989 Mitsubishi pickup in a parking lot at his Mission Valley residence. About four o’clock the next morning, San Diego Police Officers Heacox and Godinez were on patrol near Imperial Avenue and Frances Street when Heacox saw a red pickup parked on Francis Street with the front end of the…