People v. Johnson

Opinion of the Court by Groban, J.

A jury convicted defendant Michael Raymond Johnson of first degree murder (Pen. Code, § 187), attempted murder (Pen. Code, §§ 187, 664), one count each of kidnapping and spousal rape (Pen. Code, §§ 207, subd. (a), 262, subd. (a)(1)), and of being a felon in possession of a firearm (Pen. Code, former § 12021, subd. (a)(1)). It found true the special circumstances of intentionally killing a peace officer engaged in the performance of his duties, and murder during the commission of a kidnapping (Pen. Code, § 190.2, subd. (a)(7), (17)(B)), as well as various sentencing enhancements. The jury returned a verdict of death at the penalty phase. The court denied the automatic motion to modify the verdict (Pen. Code, § 190.4, subd. (e)), imposed the death sentence, and imposed stayed sentences for the remaining counts. This appeal is automatic. (Pen. Code, § 1239, subd. (b).) We affirm the judgment.

I. THE FACTS

According to the evidence presented at his trial, in July 1996, defendant armed himself and kidnapped his wife, G.A., from her workplace. She eventually accompanied defendant to a remote mountain area where he forced her to engage in sexual…