P. v. Johnson
Appellant Ondray Demont Johnson was convicted, following a jury trial, of assault by force likely to produce great bodily injury (Pen. Code, 245, subd. (a)(1); count 1)[1]and attempting to dissuade a victim and witness of a crime from making a report of that victimization ( 136.1, subd. (b)(1); count 2). As to the assault count, the jury found appellant personally inflicted great bodily injury ( 12022.7, subd. (a)). However, the jury returned not true findings on the gang enhancements ( 186.22, subd. (b)(1)) attached to each count. The trial court sentenced appellant to prison for six years on count 1, plus eight months on count 2. On appeal, appellant contends (1) insufficient evidence supports his conviction of attempting to dissuade a victim and witness; and (2) Judicial Council of California Criminal Jury Instructions (2006-2007) CALCRIM No. 220, the reasonable doubt instruction, is constitutionally defective. Court reverse the judgment with respect to count 2 on the ground of insufficient evidence. In all other respects, the judgment is affirmed.
Comments on P. v. Johnson