People v. Johnson

Opinion

PANELLI, J.

Defendant Joe Edward Johnson was convicted of the first degree murder of Aldo Cavallo (Pen. Code, § 187), 1 of the forcible rape of Mary S. (§ 261), and of related offenses as to each incident. Special circumstance allegations that the murder was committed while defendant was engaged in the commission of robbery and burglary (§ 190.2, subd. (a)(17)(i) and (vii)) were found to be true. The judgment of death was entered under the 1978 death penalty law (§ 190.1 et seq.). The appeal is automatic. (Cal. Const., art. VI, § 11; § 1239, subd. (b).)

For reasons hereafter stated, we…