Spearman

I. BACKGROUND/PRIOR PROCEEDINGS

Johnson was charged with second-degree robbery (Count 1), second-degree commercial burglary (Count 2), and being a felon in possession of a firearm (Count 3) in connection with a January 2013 theft at an internet café. The indictment also alleged that, as to Counts 1 and 2, that Johnson was armed with a handgun and that, as to all counts, Johnson had served three prior prison terms. Johnson pled not guilty, denied the enhancement allegations, and proceeded to a jury trial. On direct appeal of his conviction, the California Court of Appeal laid out the following facts underlying the charges against Johnson and the evidence presented at trial:

Christian Pfeiffer, Warden, Kern Valley State Prison, is substituted for M. Eliot Spearman, former Warden, California Substance Abuse Treatment Facility and State Prison, Corcoran. FED. R. CIV. P. 25(c). A. The Prosecution’s Case-in-Chief On January 12, 2013, Crystal Lee was working as a clerk at Web-Man, an internet café in Stockton. Around 11:40 p.m., Lee saw a man walk quickly or jog into an office area towards the back of the café. Lee followed the man, and watched him grab approximately $500…