P. v. Johnson

Filed 4/14/06 P. v. Johnson CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

Appeal from a judgment of the Superior Court of Orange County, James Patrick Marion, Judge. Affirmed.

Imhoff and Associates, Jeffrey S. Kravitz and Alec Scott Rose for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Raquel M. Gonzalez and Angela M. Borzachillo, Deputy Attorneys General, for Plaintiff and Respondent.

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A jury convicted defendant Anthony Johnson of carjacking, being a felon in possession of a firearm, and receiving stolen property. As to the carjacking, the jury returned a not true finding on the allegation defendant personally used a firearm. Defendant appeals, contending the trial court erred in denying his motion to suppress his statements to the investigating detective, his motion for a new trial based on the insufficiency of evidence to support the carjacking conviction and juror misconduct, his motion for a mistrial based on the same juror misconduct, and his motion to strike his prior convictions. We find no error and affirm.

FACTS

On September 10, 2002, several African-Americans, including defendant and his nephew Acquinas Lancaster, checked into two rooms at the El Rancho Motel in San Clemente. They had arrived in an Astro van, a maroon Honda, and a second van.

Two nights later, a patrol officer saw a dark colored Honda traveling west on Chapman. The driver, an African-American male, suddenly turned into a parking lot, made a rapid u-turn and left the parking lot â€