OF JUDGMENT: 06/01/2015
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
GRIFFIS, P.J., ISHEE AND GREENLEE, JJ.
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.
AND PROCEDURAL HISTORY
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. 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.
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
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.
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) ...