People v. Johnson
California Court of Appeal
1Opinion of the Court
Opinion
COFFEE, J.
Appellant Silas Johnson was tried before a jury and convicted of first degree home invasion robbery in concert and second degree murder with a gang allegation. (Pen. Code, §§211, 213, subd. (a)(1)(A), 187, subd. (a), 189, 186.22, subd. (b).) In this appeal, he raises claims of prosecutorial misconduct and argues that the trial court erred when it imposed a 10-year gang enhancement on his 15-year-to-life prison sentence for second degree murder. We reject the first contention, but agree that the enhancement cannot be applied to a count carrying a life term.
Facts
The Robbery…
2Cases cited12 opinions
- People v. PriceCalifornia Supreme Court · 1991
- People v. MayfieldCalifornia Supreme Court · 1997
- People v. PinholsterCalifornia Supreme Court · 1992
- People v. EarpCalifornia Supreme Court · 1999
- People v. BirkettCalifornia Supreme Court · 1999
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3Cited by13 opinions
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- People v. Francis, California Court of Appeal, 5th District2017
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