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PEOPLE v. JOHNSON

No. B241044.

221 Cal.App.4th 623 (2013)

164 Cal. Rptr. 3d 505

THE PEOPLE, Plaintiff and Respondent, v. RYAN JAMES JOHNSON, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

November 19, 2013.

Attorney(s) appearing for the Case

Peter Gold , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Lance E. Winters , Assistant Attorney General, Steven E. Mercer and Peggy Z. Huang , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

YEGAN, J. —

The "mastermind" of an armed home-invasion robbery who sends his accomplices to do his bidding can be convicted of first degree murder if one of his accomplices engages in provocative conduct and the victim kills in reasonable response to that conduct. In these circumstances malice is implied by law and imputed to the "mastermind" despite his absence from the scene of the crime.

Ryan James Johnson appeals from...

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