P. v. Johnson CA5
Defendant Herbert Stanley Johnson was one of three perpetrators who attacked and robbed two victims. He was convicted of two counts of second degree robbery, one count of assault with a deadly weapon, and one count of assault by means likely to cause great bodily injury. In this appeal, he argues: (1) the evidence was insufficient to prove him guilty of one of the robberies and one of the assaults, for which the prosecution’s theory required him to be an aider and abettor; (2) the trial court gave an erroneous jury instruction on the elements of robbery, which was prejudicial as to one of the robbery counts; and (3) the sentence for one of the robbery counts should have been stayed under Penal Code section 654. We reject these arguments.
Johnson was 16 years old at the time of the offenses.
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