P. v. Johnson
A jury convicted Gary Johnson of oral copulation (Pen. Code, 288a (c)(2)),[1]and found true the special allegations the crime occurred during the course of a burglary ( 667.61, subds. (a), (c) & (d)) and the victim was 65 years of age or older ( 667.9, subd. (a)). In a bifurcated proceeding, the court found true the allegations that Johnson had suffered a prior serious felony conviction within the meaning of section 667, subdivision (a)(1), a prior strike conviction within the meaning of section 667, subdivisions (b) through (i), and a prior prison term within the meaning of section 667.5, subdivision (b). Johnson was sentenced to a total term of 56 years to life. On appeal, Johnson asserts the trial court erred by not pursuing his Faretta[2]motion, and abused its discretion under Evidence Code section 352 by admitting evidence of his prior sexual assault convictions.
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