People v. Super. Ct. (Johnson)

BACKGROUND

The two petitions for writ of mandate/prohibition involved in the present proceeding arise from a felony domestic violence case, People v. Daryl Lee Johnson (San Francisco Superior Court No. 12029482). On November 14, 2012, the District Attorney filed a complaint charging defendant Johnson with one count of felony domestic violence (Pen. Code, § 273.5, subd. (a)), and one count of misdemeanor injuring a wireless communication device (Pen. Code, § 591.5). At the December 2013 preliminary hearing, police officer Paul Dominguez testified regarding an incident on November 11, 2012 during which he and police officer Antonio Carrasco responded to a 911 call from a residence in San Francisco. Johnson admitted he hit the victim, a female minor; Johnson claimed the minor had “[m]aced” him. The victim showed Officer Dominguez a two inch lump on the back of her head where Johnson struck her. She also told the officer Johnson had tried to prevent her from calling 911 by grabbing her cell phone and then a cordless phone out of her hands.

2 In City of Los Angeles v. Superior Court (Brandon) (2002) 29 Cal.4th 1 (Brandon), the California Supreme Court reserved “the question of…