People v. Johnson CA1/5

I. BACKGROUND

On October 31, 2012, Johnson was charged by information with the November 2011 robbery of Lorin Brown and the August 2012 robbery of Jason Le. (Pen. Code, § 211.) On November 7, 2012, Johnson was separately charged by information the

1 Penal Code sections 288a, subdivision (c)(2)(A), 211, 488, and 242.

1 November 2010 robbery, forcible oral copulation, and forcible rape of Jane Doe. (Id., §§ 211, 288a, subd. (c)(2)(A), 261, subd. (a)(2).) The second information alleged that Johnson had a prior serious felony conviction that qualified as a “strike.” (Id., §§ 667, subds. (a) & (e)(1), 1170.12, subd. (c)(1).) The prosecution moved to consolidate the cases. The court granted the motion over Johnson’s objection, and a consolidated information was filed on April 29, 2013. A. Trial Evidence 1. The Brown Robbery On November 11, 2011, Johnson was observed in an Oakland Walgreens store in the electronics aisle, holding several boxed electronics items ordinarily kept in a locked display case and which store policy required store personnel to retrieve and take directly to a register for purchase. The store’s assistant manager alerted Brown, a store greeter whose…