People v. Johnson

Filed 6/17/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

A160025

v. JESSE JOHNSON III, (Contra Costa County Super. Ct. No. 51913912) Defendant and Appellant.

A jury convicted defendant Jesse Johnson III of multiple offenses arising from a domestic violence incident against his wife in the presence of their daughters. Among other things, he was convicted of two separate counts (count 5 and count 2) of dissuading a witness by force or threat of force or violence under Penal Code section 136.1, subdivision (c)(1)1 (“section 136.1(c)(1)”), which makes attempting to dissuade a witness from reporting a crime using force or the threat of force a felony. His count 5 conviction was based on a statement Johnson made to his family that if the police came, he would blow his brains out. His count 2 conviction was based on a separate statement Johnson made to his wife that if she called the police, they would both be dead before the police arrived. As to his count 5 conviction (based on the statement to his family that he would blow his brains out),…