People v. Johnson CA1/1

I. BACKGROUND

On September 27, 2021, the San Mateo County District Attorney filed the operative information in this case, alleging that Johnson committed felony second degree robbery (§ 212.5, subd. (c); count 1); misdemeanor possession of drug paraphernalia (Health & Saf. Code, § 11364; count 2); and misdemeanor possession of burglar’s tools (§ 466; count 3). Count 1—a serious and violent felony (§§ 667.5, subd. (c), 1192.7, subd. (c))—was enhanced with allegations that Johnson personally used a dangerous and deadly weapon (a knife) within the meaning of section 12022, subdivision (b)(1). In addition, the information alleged that Johnson had suffered two prior serious and/or violent felonies under the “Three Strikes” law (§§ 667, subd. (d), 1170.12, subd. (b)); two prior serious felony convictions subject to five-year enhancement (§ 667, subd. (a)(1)); and prior felony convictions rendering him presumptively ineligible for probation (§ 1203, subd. (e)(4)). It also alleged that Johnson committed count 1 while on parole following a term of imprisonment for an enumerated serious or violent felony within the meaning of section 1203.085, subdivision (a).2 A. Jury Trial A jury…