People v. Johnson CA2/2

BACKGROUND

Defendant was charged in count 1 with second degree commercial burglary, in violation of Penal Code section 459,2 in counts 2 and 3, with attempted second degree robbery, in violation of sections 664 and 211, and in counts 6, 7, 8, and 9, with assault with a firearm, in violation of section 245, subdivision (a)(2).3 The information further alleged the following enhancements: as to counts 2 and 3, that defendant personally used a firearm within the meaning of section 12022.53, subdivision (b); as to counts 3 and 7, that defendant personally inflicted great bodily injury upon Christopher Morris (Morris),

See Faretta v. California (1975) 422 U.S. 806, 820-821 (Faretta).

All further statutory references are to the Penal Code, unless otherwise indicated.

On the first day of trial, counts 4, 5, 10, and 11 were dismissed on the prosecutor’s motion. A first amended information, omitting the dismissed counts was then filed.

2 within the meaning of section 12022.7, subdivision (a); as to counts 1, 6, 7, 8, and 9, that defendant personally used a firearm within the meaning of section 12022.5, subdivision (a); and as to counts 1, 2, 3, 6, 7, 8, and 9, that…