P. v. Johnson

Filed 3/21/06 P. v. Johnson CA1/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION ONE

Anthony Ejane Johnson (defendant) appeals from the judgment following convictions in two separate trials. In the first, a jury convicted him of forcible rape (Pen. Code, § 261, subd. (a)(2)), forcible oral copulation (Pen. Code, § 288a, subd. (c)(2)), forcible sexual penetration by a foreign object (Pen. Code, § 289, subd. (a)(1), robbery (Pen. Code, § 211), burglary (Pen. Code, § 459), terrorist threats (Pen. Code, § 422), and dissuading a witness (Pen. Code, § 136.1, subd.(b)(1)). The jury also found true allegations that defendant tied or bound the victim (Pen. Code, § 667.61, subd. (a)(e)(6)), and that he committed the sexual offense during a burglary (Pen. Code, § 667.61, subd. (a)(e)(2). Defendant also admitted that he had served two prior prison terms within the meaning of Penal Code section 667.5, subdivision (b). In the second trial a separate jury convicted defendant of solicitation to commit murder (Pen. Code, § 653f, subd. (b)) and conspiracy to commit murder (Pen. Code, §§ 182, subd. (a)(1), & 187).

The court sentenced defendant on both cases to a determinate prison term of 25 years and an indeterminate term of 50 years to life.

Facts

Rape and Robbery Trial

On November 21, 2001, the victim, P., was working in the Redwood Gospel Mission Thrift Store in Santa Rosa. Defendant had previously worked in the store, and P. recognized him immediately when he walked in. He did not say hello, and walked straight to the back of the store. P. soon forgot defendant was there, and at 5:00 p.m. she emptied the register and turned out the lights. As she walked to the front of the store, she was tackled from behind, and thrown to the ground. Her assailant dragged her by the hair into the employee break room, covered her eyes with duct tape, and bound her hands and feet. P. recognized defendant's voice when he demanded money. She could also see him through gaps in the duct tape. She told him to calm down and she would give him whatever he wanted. Defendant took her purse and then dragged her to the office, where he took the keys from her purse and unlocked the safe. Defendant told her to kneel in a corner while he removed the money and a surveillance videotape.

Defendant then dragged P. back to the employee break room where he sexually assaulted her, committing each of the sexual offenses with which he was charged. He then asked P., â€