People v. Johnson

Opinion

ANDERSON, P. J.

Appellant, Tony Alfonso Johnson, was convicted by a jury of (one count each) kidnapping (Pen. Code,

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§ 207), rape (§ 261, subd. (2)), oral copulation by force (§ 288a, subd. (c)), robbery (§ 211) and false imprisonment (§ 236). Allegations that he used a deadly weapon in the commission of the offenses (§ 12022.3), inflicted great bodily harm on the victim (§ 12022.8) and suffered a prior serious felony conviction

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(§ 667, subd. (a)) were found to be true. He was sentenced to state prison for a term of 30 years.

Patricia L., a 47-year-old woman with three grown children, had slowed her car to almost a stop in order to make a left turn at an intersection in Pacifica. Appellant entered her car through the unlocked passenger door and forced her at knife point to drive him to San Francisco. Once in the city appellant directed Patricia to a dead end street where he forced her to kiss him and orally copulate him. He then forcibly removed her pants, had intercourse with her and afterwards took some of her money. Appellant made Patricia drive him to another part of the city where he got out of the car. She drove a few blocks and then was able to contact the police. Five days after the assaults, Patricia was diagnosed as having contracted herpes simplex II.

Appellant testified at trial that he was waiting at a bus stop when Patricia drove up and offered him a ride to San Francisco. In his version of the events he was not carrying a knife and it was Patricia who asked

him

to direct her to a quiet place in the city, where she seduced him. He theorized that Patricia invented the rape charges because before leaving the car, he told her that he had herpes. This prompted her to call him “a filthy nigger” and order him out of the car.

Appellant argues that his convictions must be reversed because (1) CALJIC

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No. 2.21 was erroneously read to the jury and (2) the trial court wrongly refused to grant his motion to dismiss the jury on the ground that the venire was exclusionary of Black people. He also claims that there was insufficient evidence of great bodily injury to the victim to sustain the section 12022.8 enhancement, and that the trial court erred in sentencing him consecutively for the sex offenses under section 667.6, subdivision (c), by failing to adequately state its reasons for doing so.