People v. Johnson CA5

FACTS

On May 19, 2012, at approximately 3:30 a.m., Ridgecrest Police Officer Bill Groves was dispatched to the house of William Mills, Jr. Groves found the victim, James Johnson, lying face up on the living room floor. His nose and left eye were swollen. He had blood coming from his nose and ears. Groves asked the victim if he recalled what happened. The victim had no recollection of what took place. He later testified that he fell asleep at Mills’s house and woke up in the hospital.

2. Groves asked Mills what had happened. Mills told Groves that he heard a knock at the door and, when he opened the door, defendant was outside. Defendant stated he needed to borrow Mills’s phone. Defendant saw the victim on the floor and asked what he was looking at or something to that effect. Mills told defendant to leave the victim alone. Defendant told the victim that he had 10 seconds to come outside or he was going to come inside and snatch him out. Mills told Groves that defendant began counting to 10 out loud, and then ran inside the house. Defendant then punched the victim in the face approximately six times and then began stomping on him. Mills tried to stop defendant from attacking the…