No. 18-7056

David Leonard Johnson v. California

Lower Court: California
Docketed: 2018-12-14
Status: Denied
Type: IFP
IFP
Tags: california-law criminal-law criminal-procedure criminal-procedure-lesser-included-offense descamps-standard due-process jury-instructions lesser-included-offense prejudicial-error prior-convictions receiving-stolen-property robbery
Key Terms:
AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2019-02-15
Question Presented (from Petition)

I.
IS THE CRIME OF RECEIVING STOLEN PROPERTY
A LESSER INCLUDED OFFENSE OF ROBBERY, AND
IF SO, WAS THE TRIAL COURT'S FAILURE. TO
INSTRUCT ON RECEIVING STOLEN PROPERTY AS
A LESSER INCLUDED OFFENSE PREJUDICIAL
ERROR?

II.
DID THE PROSECUTION PRESENT SUFFICIENT
EVIDENCE APPELLANT'S TWO PRIOR ASSAULT
CONVICTIONS QUALIFIED AS STRIKE AJ'D
SEROIUS FELONY PRIORS UNDER CALIFORNIA
LAW, AND IS ANY DECISION THAT THE
PROSECUTION'S EVIDENCE WAS SUFFICIENT
INCOMPATIBLE WITH Dscamps v. U.S.
(2013) 570 U.S. U.S. (133 S.Ct. 2276)
BECAUSE IT WOULD REQUIRE JUDICIAL
FACT-FINDING BEYOND THE ELEMENTS OF THE
PRIOR CONVICTIONS?

Question Presented (AI Summary)

Is the crime of receiving stolen property a lesser included offense of robbery, and if so, was the trial court's failure to instruct on receiving stolen property as a lesser included offense prejudicial error?

Docket Entries

2019-02-19
Petition DENIED.
2019-01-24
DISTRIBUTED for Conference of 2/15/2019.
2018-10-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 14, 2019)

Attorneys

David Johnson
David Leonard Johnson — Petitioner