P. v. Johnson
Appellant Aaron Renae Johnson appeals from the judgment entered upon his conviction by jury of first degree burglary (Pen. Code, § 459, count 1),[1] and receiving stolen property (§ 496, subd. (a), count 2). Following a bifurcated bench trial, the trial court found true the allegations that appellant had suffered two prior convictions qualifying as both serious felonies (§ 667, subd. (a)(1)) and as strikes (§§ 667,
subds. (b)-(i), 1170.12, subds. (a)-(d), the “Three Strikes†law), and two prior prison terms (§ 667.5). Prior to sentencing, the court denied appellant’s Romero[2] motion to strike his prior strike convictions. The court sentenced appellant to an aggregate term of 62 years to life consisting of the following: 25 years to life on count 1; a consecutive 25 years to life on count 2; two consecutive five-year terms for the prior serious felony enhancements; and two consecutive one-year terms for the prior prison terms.
Appellant contends that (1) the trial court abused its discretion in denying his Pitchess[3] motion for discovery, (2) the trial court abused its discretion by allowing a police officer to give hearsay testimony, (3) the trial court erred in giving the reasonable doubt instruction (CALCRIM No. 2.20), (4) the trial court failed to provide a statement of reasons for imposing consecutive rather than concurrent terms, and (5) there was insufficient evidence to support the trial court’s finding that appellant suffered a prior conviction for attempted burglary.
Finding no merit to appellant’s contentions we affirm the judgment.
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