People v. Johnson CA3

BACKGROUND

We provide a summary of the procedural background of this case, omitting a recitation of the facts underlying the offenses because it is immaterial to the resolution of the issues on appeal. Defendant and codefendant Rammel Barao were jointly charged with having murdered Juan Carlos Lorenzo in the course of robbing him, and with the robbery of Lorenzo and Lorenzo’s companion, Domingo Moyotl. Each count alleged that Barao personally used a firearm and that defendant was armed with a firearm. It was further alleged that defendant had three prior strike convictions, all of which were incurred in juvenile court, and that defendant had committed the instant offenses while on bail for another offense. Prior to the presentation of evidence, the trial court granted defendant’s motion to bifurcate the trial of the prior convictions and the on-bail enhancements. In a joint trial by jury, defendant was acquitted of the murder and all lesser included offenses, but was found guilty of the two robberies; the armed enhancements were found not true. On September 3, 2010, after the jury had returned its verdicts, the court dismissed the jury. After the jury left the courtroom, defense…