Legal Opinion

People v. Johnson

California Court of Appeal

Decided June 18, 2003No. B160112PublishedCited by 13 opinions

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

  1. People v. PriceCalifornia Supreme Court · 1991
  2. People v. MayfieldCalifornia Supreme Court · 1997
  3. People v. PinholsterCalifornia Supreme Court · 1992
  4. People v. EarpCalifornia Supreme Court · 1999
  5. People v. BirkettCalifornia Supreme Court · 1999

7 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. People v. LopezCalifornia Supreme Court · 2005
  2. People v. LouieCalifornia Court of Appeal · 2012
  3. People v. VazquezCalifornia Court of Appeal · 2009
  4. People v. CamposCalifornia Court of Appeal · 2011
  5. People v. Francis, California Court of Appeal, 5th District2017

8 more not listed; retrieve them via the Exa API.

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