People v. Johnson CA5

INTRODUCTION

A jury convicted appellant Rickey Nelson Johnson of attempted murder (Pen. Code, §§ 664/187, subd. (a)1; count 1) and assault with a firearm (§ 245, subd. (a)(2); count 3), finding true the attempted murder was premeditated and deliberated (§ 189), he discharged and personally used a firearm during the attempted murder (§ 12022.53, subd. (c)), and he used a firearm during the assault (§ 12022.5, subd. (a)). Regarding an alleged second victim, he was found not guilty of attempted murder (§§ 664/187, subd. (a); count 2) and assault with a firearm (§ 245, subd. (a)(2); count 4). Appellant admitted he committed the offenses in counts 1 and 3 for benefit of, at the direction of, or in association with a criminal street gang (§ 186.22, subd. (b)(1)). The trial court found true a prior serious felony conviction (§ 667, subd. (a)). He received an aggregate sentence of life in prison with a minimum parole eligibility of 14 years, plus 25 years. On appeal, he contends the trial court erred in admitting certain evidence, the prosecution presented insufficient evidence to support the convictions, and the court erred in responding to a question which the jury posed during…