P. v. Johnson
A jury found defendant Robert David Johnson guilty of first degree residential robbery (Pen. Code, 211, 213, subd. (a)(1)(A); all statutory citations are to the Penal Code unless indicated), two counts of felon in possession of a firearm ( 12021, subd. (a)(1)), false impersonation ( 529, subd. 3), possession of counterfeit bills ( 476), and two counts of dissuading a witness ( 136.1, subd. (a)(1)). The jury also found to be true the allegation a principal used a firearm during commission of the robbery ( 12022.53, subds. (b) & (e)) and that defendant committed the crimes of robbery and dissuading a witness to benefit a criminal street gang. The trial court found defendant previously suffered a prior serious felony conviction within the meaning of the Three Strikes law and section 667, subdivision (a)(1), and had served a prior prison term ( 667.5, subd. (b).) Defendant challenges the sufficiency of the evidence to sustain one of the counts of witness dissuasion and its accompanying gang enhancement. He also contends the trial court erred by admitting a nontestifying victims pretrial statement to a police detective, and argues the trial court committed various sentencing errors. Court reverse in part as explained below.
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