People v. Johnson CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedure Johnson was charged, by amended information, with two counts of assault with a deadly weapon (§ 245, subd. (a)(1); count 1 (a knife) & count 2 (a wooden club)), felony child endangerment (§ 273a, subd. (a); count 3), and making criminal threats (§ 422; count 4). The information further alleged Johnson had two serious felony strike convictions (§§ 667, subd. (a), 1170.12). B. Prosecution’s case 1. The victim’s testimony The victim, Dwayne Cook, testified he lived in a four-bedroom two story apartment in San Jose, California with his three children, a 13-year-old daughter and two sons, ages 11 and 10, along with Johnson.3 Johnson paid rent as well as a share of the utilities and other expenses. He also watched the children after school until Cook got home from work. Johnson occupied the one downstairs bedroom which had a lock on the door, while Cook and the children slept in the upstairs bedrooms. Johnson, who was 58 years old, had been living with Cook and the children for just over three years on the date of the incident. Cook believed he and Johnson communicated well for the most part, although Cook had some…