P. v. Johnson CA5
In 2013, a jury found appellant James Willis Johnson not guilty of first degree murder for the death of his infant son (the baby), but convicted him of the lesser-included charge of second degree murder (Pen. Code, § 187, subd. (a); count 1). It also found him guilty of (1) assault on a child under age eight with force likely to produce great bodily injury and resulting in death (§ 273ab; count 2); (2) willfully causing or permitting a child to suffer unjustifiable physical pain or mental suffering, under circumstances likely to produce great bodily injury or death (§ 273a, subd. (a); count 3); and (3) misdemeanor resisting arrest (§ 148, subd. (a)(1); count 4). However, in count 3, the jury found not true the allegation that appellant personally inflicted great bodily injury on the baby (§ 12022.7, subd. (d)).
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