P. v. Johnson CA4/1
Keith Johnson took about $2,000 worth of items from a Walmart store without paying for them. After leaving the store, he pointed a gun at two employees who were attempting to regain possession of the property. Johnson then abandoned the goods and left in a waiting vehicle.
Johnson was charged with robbery, grand theft, and burglary. (Pen. Code, §§ 211, 487, subd. (a), 459.) At trial, he conceded the burglary and grand theft counts, but argued he did not commit a robbery. The jury found Johnson guilty on all three counts. The court sentenced him to six years four months, consisting of five years on the robbery count; three years (concurrent) on the burglary count; and 16 months for separate theft offenses to which Johnson pleaded guilty before trial. The court stayed the sentence on the Walmart grand theft count under Penal Code section 654.
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