People v. Johnson CA3

BACKGROUND

In 2002, a jury found defendant guilty of the premeditated attempted murder of his wife using a deadly weapon, assaulting her friend with that deadly weapon, and residential burglary. (§§ 664/187, subd. (a), 245, subd. (a)(1), 459, 12022, subd. (b).) The jury also found defendant inflicted great bodily injury on each victim under circumstances involving domestic violence. (§ 12022.7, subd. (e).) The trial court sentenced defendant to life in prison plus a 15-year determinate term. (People v. Johnson (Feb. 8, 2005, C042532) [nonpub. opn.] (Johnson).) Briefly, defendant and R.R. were married for four years and lived at R.R.’s house.2 While defendant was in prison, R.R. informed defendant she decided to leave him. In response, defendant threatened to stalk, hurt, or kill her. (Johnson, supra,

C042532.)

When defendant was released from prison, he went to R.R.’s home, where she awoke in bed to see him standing over her holding a night stick. R.R.’s friend was sleeping next to her. Defendant hit the friend in the head and face with the nightstick. When R.R. screamed, defendant hit R.R. in the head and face, and she passed out. When she regained consciousness, defendant was…