People v. Johnson
Filed 5/25/06
CERTIFIED FOR PARTIAL PUBLICATION*
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
THE PEOPLE, Plaintiff and Respondent, v. MICHAEL JOHNSON, Defendant and Appellant. | F046939 (Super. Ct. No. CRF03104729) OPINION |
APPEAL from a judgment of the Superior Court of Tulare County. Gerald F. Seiver, Patrick J. O'Hara and Paul A. Vortmann, Judges.
Robert D. Bacon, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, J. Robert Jibson and Judy Kaida, Deputy Attorneys General, for Plaintiff and Respondent.
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Appellant Michael Johnson stands convicted, following a jury trial, of two counts of forcible oral copulation (Pen. Code,[1] § 288a, subd. (c)(2); counts 1-2) and one count of forcible rape (§ 261, subd. (a)(2); count 3), all of which involved kidnapping the victim for purpose of committing the sexual offense (§ 667.8, subd. (a)) and the use of a knife in commission of the offense (§ 12022.3, subd. (a)). Following a bifurcated court trial, appellant was further found to be a habitual sex offender (§ 667.71); to have committed sexual offenses under aggravated circumstances (§ 667.61, subds. (a), (d)); to have suffered three prior serious felony convictions (§ 667, subd. (a)(1)) that were also strikes (§ 1170.12); and to have served two prior prison terms (§ 667.5, subd. (b)). In addition, the court found that the statute of limitations had been extended (§ 803, subd. (i) [see now, subd. (g)]). Appellant was sentenced to determinate and indeterminate terms that totaled 256 years to life in prison.
On appeal, appellant challenges admission of DNA evidence and various portions of his sentence. In the published portion of this opinion, we hold that a â€
