People v. Johnson CA5

INTRODUCTION

Defendant Leroy Johnson, along with Neko Wilson, Dawn Singh, Christopher Butler, Andrew Jones, and Jose Reyes, was arrested in connection with the July 2009 murders of Gary and Sandra DeBartolo. Following defendant’s arrest, he was linked to a separate robbery and physical attack on Philip N., which occurred a week before the murders.1 For the crimes committed against the DeBartolos, defendant was charged with capital murder. In 2021, the jury convicted him of two counts of murder with robbery and burglary special circumstance findings and a multiple-murder special circumstance finding. (Pen. Code, §§ 187, subd. (a)/189, 190.2, subd. (a)(3), (17)(A), (G).)2 For the crimes committed against Philip, the jury convicted defendant of attempted murder with personal infliction of great bodily injury (GBI), second degree robbery with personal infliction of GBI, and mayhem. (§§ 664/187, subd. (a), 211/212.5, 203, 12022.7, subd. (a).) In a bifurcated proceeding between the guilt and penalty phases, the trial court found the three prior serious or violent felony conviction allegations true within the meaning of the “Three Strikes” law.3 (§§ 667, subds. (a)(1), (b)–(i), 1170.12,…