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.
-ooOoo-
Story continue from Part I ……
In our view, the means by which a particular person comes to be suspected of a crime – the reason law enforcement's investigation focuses on him – is irrelevant to the issue to be decided at trial, i.e., that person's guilt or innocence, except insofar as it provides independent evidence of guilt or innocence. For example, assume police are investigating a robbery. The victim identifies â€