P. v. Johnson CA6
Defendant Andre Tyrone Johnson was convicted by jury in Monterey County Superior Court of first degree murder (Pen. Code, § 187) and first degree burglary (§ 459). The jury also found true that he personally and intentionally discharged a firearm causing the death of Solomon Sandoval Perez within the meaning of section 12022.53, subdivision (d). The trial court sentenced defendant to 50 years to life consecutive to six years, and imposed a consecutive term of four years eight months for an uncompleted sentence that had been imposed in an earlier Santa Clara County case (People v. Johnson (Super. Ct. Santa Clara County, 2015, No. C1472888)), including a one-year term for a weapon enhancement (§ 12022, subd. (b)).On appeal, defendant contends that the trial court erred by admitting testimony of a witness’s prior inconsistent statement regarding defendant’s involvement in a prior armed robbery.
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