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 (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?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED . 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? ; ; Il. ; DID THE PROSECUTION PRESENT SUFFICIENT EVIDENCE APPELLANT'S TWO PRIOR ASSAULT ; CONVICTIONS QUALIFIED AS STRIKE AND SEROIUS FELONY PRIORS UNDER CALIFORNIA ‘ . . LAW, AND IS ANY DECISION THAT THE ; PROSECUTION'S EVIDENCE WAS SUFFICIENT INCOMPATIBLE WITH Déscamps v. U.S. 7 ; So (2013) 570 U.S. U.S. (133 S.Ct. 2276) : BECAUSE IT WOULD REQUIRE JUDICIAL FACT-FINDING BEYOND THE ELEMENTS OF THE : PRIOR CONVICTIONS? (i).

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
David Leonard Johnson — Petitioner