P. v. Johnson
Filed 8/21/06 P. v. Johnson CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(Sacramento)
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| THE PEOPLE, Plaintiff and Respondent, v. ARTHUR EUGENE JOHNSON, Defendant and Appellant. | C050061
(Super. Ct. No. 04F04374)
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A jury found defendant Arthur Eugene Johnson guilty of attempted murder and possession of a firearm by a felon. The jury found true allegations defendant personally used a firearm and committed the offenses for the benefit of a street gang (the gang enhancement) and the principal to the attempted murder personally and intentionally discharged a firearm causing great bodily injury for the benefit of a street gang (the vicarious firearm enhancement). The jury found not true allegations defendant had personally and intentionally discharged a firearm and had personally and intentionally discharged a firearm causing great bodily injury. After defendant admitted two prior strikes, the court sentenced him to an aggregate term of 59 years to life in prison.
On appeal, defendant raises the following three contentions: (1) his counsel was ineffective, which deprived him of due process of law; (2) there was insufficient evidence to support the gang enhancement and the vicarious firearm enhancement; and (3) there was insufficient evidence to support the enhancement for personal use of a firearm. Disagreeing with these contentions, we will affirm the judgment.
FACTUAL AND PROCEDURAL HISTORY
A
The Prosecution
On May 16, 2004, Clifton Whitehorn (a.k.a. St. Louis) was living in the G Parkway area of Sacramento. At approximately 1:00 p.m., he left work to go home and play basketball with his friend Albert Martel Franks. While playing basketball, Whitehorn noticed a commotion and crowd of about 30 to 40 people. The crowd was watching a fight a few yards away from Whitehorn's house between Franks's nephew Sean Moore (a.k.a. Tiny T.C.), who was a member of the 29th Street Crips, and William Kellum (a.k.a. Poppa), who was a member of the Bad Ass Youngsters. Whitehorn saw Kellum, who was â€
