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PEOPLE v. JOHNSON

No. A111007.

46 Cal.Rptr.3d 594 (2006)

The PEOPLE, Plaintiff and Respondent, v. Ithiel JOHNSON, Defendant and Appellant.

Court of Appeal of California, First District, Division Four.

July 31, 2006.

Attorney(s) appearing for the Case

Gail Harper, San Francisco, by appointment of the Court of Appeal under the First District Appellate Project's Independent Case System, for Appellant.

Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Laurence K. Sullivan, Catherine A. Rivlin, Supervising Deputy Attorneys General, for Respondent.

RUVOLO, P.J.

I.

INTRODUCTION

Appellant Ithiel Johnson appeals his conviction for second degree robbery (Pen. Code, § 211)1, claiming: (1) as a matter of law, the facts adduced at trial did not support a finding that he took personal property from the immediate presence of another by force or fear; (2) the court's jury instructions on robbery, given before deliberations began, were erroneous; and (3) he was denied...

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