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Johnson v. State

Court of Appeals of Mississippi

February 28, 2017

ALVIN LEE JOHNSON A/K/A ALVIN JOHNSON APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 06/01/2015

         CLAIBORNE COUNTY CIRCUIT COURT HON. LAMAR PICKARD TRIAL JUDGE

          ATTORNEYS FOR APPELLANT: M.A. BASS JR. MICHAEL R. BONNER

          ATTORNEYS FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ALICIA AINSWORTH JASON L. DAVIS

          DISTRICT ATTORNEY: ALEXANDER MARTIN

          BEFORE GRIFFIS, P.J., ISHEE AND GREENLEE, JJ.

          GRIFFIS, P.J.

         ¶1. Alvin Johnson was convicted of two counts of statutory rape in violation of Mississippi Code Annotated section 97-3-65 (Rev. 2014). Johnson was sentenced to a term of life for Count I and fifteen years for Count II, to run concurrently. The circuit court denied Johnson's posttrial motions. Johnson now appeals. We find no error and affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. Between June and August of 2014, Alvin Johnson was a frequent visitor to the home of Angie Harris and Clifton Green. Johnson, a long-time family friend, spent numerous hours at the home and was well known to Angie's daughters, A.H. and T.H.[1] A.H., who was eleven years old, informed her godmother that she had sex with Johnson and believed she may be pregnant. Angie reported the allegation to the Port Gibson Police Department. After an investigation, it was determined that A.H. had been sexually active. When questioned, T.H., who was fifteen at the time, also admitted to having a sexual relationship with Johnson. Johnson was twenty-nine years old when the allegations were made.

         ¶3. Johnson was indicted on two counts of statutory rape, in violation of Mississippi Code Annotated section 97-3-65. Statutory rape is committed when:

[A]ny person seventeen (17) years of age or older has sexual intercourse with a child who . . . [i]s at least fourteen (14) but under sixteen (16) years of age; [i]s thirty-six (36) or more months younger than the person; and [i]s not the person's spouse; or [when a] person of any age has sexual intercourse with a child who . . . [i]s under the age of fourteen (14) years; [i]s twenty-four (24) or more months younger than the person; and [i]s not the person's spouse.

Miss. Code Ann. § 97-3-65. After a jury trial, on May 27, 2015, Johnson was found guilty and sentenced to a term of life for Count I and fifteen years for Count II, with the sentences to run concurrently.

         ¶4. Johnson filed motions for a new trial and for judgment notwithstanding the verdict. Both were denied. Johnson now appeals and argues: (1) a new trial must be granted because a juror withheld substantial information or misrepresented material facts, and (2) ...


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