P. v. Johnson
A jury convicted defendant Marlon Lavell Johnson of first degree burglary, two counts of first degree robbery in concert, and three counts of assault with a firearm, while sustaining an allegation that a principal was armed with a firearm. Finding that defendant had two prior serious felony convictions within the meaning of the three strikes law and had served a prior prison term, the trial court sentenced him to 60 years to life in state prison.
On appeal, defendant contends the trial court erred in not instructing on the crime of accessory after the fact (Pen. Code, 32) as an alternative to aider and abettor liability; the evidence does not support one of his convictions for assault with a firearm; and the court failed to exercise its discretion to strike one of the prior convictions for purposes of sentencing. Court affirm the judgment.
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