People v. Johnson

A jury convicted appellant John Edward Johnson, Jr., of first degree murder with special circumstances. He pled guilty to charges of assault with a firearm, vehicle theft, being an ex-felon in possession of a deadly weapon, and two counts of robbery. Sentenced to a life term without possibility of parole for murder that is to be served consecutive to a determinate term of nine years, four months for the other offenses, Johnson appeals. He contends that: (1) the trial court committed Wheeler error; (2) the evidence was insufficient to support the murder conviction or the special circumstances allegations; (3) the trial court erred by admitting photographs of the victim, testimony about the victim’s life, and his extrajudicial statement, allegedly taken in violation of Miranda ; (4) instructional error deprived him of a fair trial; (5) he was wrongfully charged with and convicted of a crime about which no evidence was introduced and no instructions were received; (6) the trial court violated his right to appointed counsel; and (7) his life sentence without possibility of parole constitutes cruel or unusual punishment. We conclude that Johnson is entitled to a new sentencing…