People v. Johnson CA3

I. BACKGROUND

A grand jury indicted defendant on charges of second degree robbery (Pen. Code, § 211—count 1), 1 second degree commercial burglary (§ 459—count 2), and being a felon in possession of a firearm (§ 29800, subd. (a)(1)—count 3.) As to counts 1 and 2, the indictment alleged that defendant was armed with a firearm within the meaning of section 12022, subdivision (a)(1). The indictment further alleged, as to all counts, that defendant had served three prior prison terms within the meaning of section 667.5, subdivision (b). Defendant was tried before a jury. A. The Prosecution’s Case-in-Chief On January 12, 2013, Crystal Lee was working as a clerk at Web-Man, an internet café in Stockton. Around 11:40 p.m., Lee saw a man walk quickly or jog into an office area towards the back of the café. Lee followed the man, and watched him grab

Undesignated statutory references are to the Penal Code.

2 approximately $500 from the cash register. Lee asked, “What are you doing?” The man responded by pushing her into an office chair. Frightened, Lee told the man “to do whatever he wanted.” The man left Lee’s office. Moments later, Lee saw the man in the café, surrounded by…