People v. Newson CA2/5

I. INTRODUCTION

A jury convicted codefendants, Paul Newson, Jr. and Barrett Johnson, of first degree residential burglary with a person present. (Pen. Code,1 §§ 459, 667.5, subd. (c)(21).) The jury also convicted Mr. Johnson of evading a peace officer, a misdemeanor. (Veh. Code, § 2800.1, subd. (a).) Mr. Johnson was sentenced to four years in state prison. The trial court found Mr. Newson had sustained prior convictions and served prior prison terms. (§§ 667, subds. (a)(1), (b)-(i), 667.5, subd. (b), 1170.12.) Mr. Newson was sentenced to 36 years to life in state prison.

II. THE EVIDENCE

On March 27, 2013, defendants broke into a home occupied by a grandmother and granddaughter. The granddaughter was at home alone when the break-in occurred. The granddaughter telephoned an emergency operator. She then hid in a bathroom. The granddaughter heard sirens. Defendants fled but were arrested shortly thereafter. Following his arrest, Mr. Newson was transported to a hospital emergency room. He had a very fast heartbeat and low blood pressure. He was treated for dehydration. Mr. Newson spoke to an emergency room physician, Dr. Dan Kiss. Mr. Newson said he had used crack cocaine and…