P. v. Johnson
A jury found defendant and appellant, Joe C. Johnson (defendant), guilty of numerous crimes including second degree murder. At the conclusion of a five-day trial on defendant’s claim that he was legally insane at the time he committed the crimes, the jury was unable to reach a verdict and the trial court declared a mistrial. A second jury rejected his defense and found defendant sane. The trial court then sentenced defendant to serve a total term of 36 years four months to life in state prison.
Defendant contends in this appeal that the trial court committed prejudicial error when it failed to sua sponte instruct that if the jurors had a reasonable doubt about whether the crime was murder or involuntary manslaughter, they had to give defendant the benefit of the doubt and find him guilty of involuntary manslaughter. Defendant also contends that we must strike the Penal Code section 667, subdivision (a), sentence enhancement the trial court found true because the prosecutor did not amend the information to include that allegation until after the original jury was discharged. We agree with defendant’s second contention; therefore, we will strike that sentence enhancement and otherwise affirm the judgment.
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