Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Johnson v. State

Court of Appeals of Mississippi

February 28, 2017

KEITH LEON JOHNSON A/K/A KEITH L. JOHNSON A/K/A KEITH JOHNSON APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 12/16/2015

         NEWTON COUNTY CIRCUIT COURT HON. VERNON R. COTTEN TRIAL JUDGE

          ATTORNEYS FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: MOLLIE MARIE MCMILLIN GEORGE T. HOLMES.

          ATTORNEYS FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ABBIE EASON KOONCE JASON L. DAVIS.

          DISTRICT ATTORNEY: MARK SHELDON DUNCAN.

          BEFORE LEE, C.J., ISHEE AND GREENLEE, JJ.

          GREENLEE, J.

         ¶1. This is an appeal from Newton County Circuit Court where Keith Leon Johnson was convicted of felony fleeing in a motor vehicle from a law-enforcement officer and sentenced as a habitual offender to five years' incarceration with the Mississippi Department of Corrections (MDOC), without the possibility of early release. On appeal, Johnson asserts the circuit court erred in finding there was probable cause for the stop and in denying his lesser-included-offense jury instruction on reckless driving. Finding no error, we affirm.

         FACTS AND PROCEEDINGS BELOW

         ¶2. On Monday, June 2, 2014, at approximately 1:40 p.m., Officer Clay Garvin of the Decatur Police Department initiated a traffic stop of a vehicle for failing to signal a turn.[1]After the vehicle came to a complete stop, Officer Garvin approached, and the driver identified himself as Johnson. While Johnson was retrieving his proof of insurance[2] and transcribing his social-security number, [3] Officer Garvin observed what appeared to be a box of alcohol and a white powdery substance in the back seat of Johnson's vehicle. Officer Garvin asked Johnson if the box contained alcohol, and Johnson confirmed that it did. Officer Garvin asked what the white powdery substance was on his back seat and Johnson stated that it was baby powder. Officer Johnson returned to his patrol car to verify Johnson's information, check the vehicle's registration, and request backup.

         ¶3. After confirming Johnson's information and backup had arrived, Officer Garvin returned to Johnson's vehicle. He informed Johnson that it was illegal to possess alcohol in Newton County as it is a dry county and that he suspected Johnson of possessing illegal narcotics based on the white powder across Johnson's back seat and because he had previously arrested Johnson for cocaine. Officer Garvin requested that Johnson step out of the vehicle. As Officer Garvin was attempting to open Johnson's driver door, Johnson fled from the officers on scene, and Officer Garvin and other law-enforcement officers gave chase to Johnson as he exceeded 120 miles per hour through traffic, crossing a double-yellow line multiple times. Shortly after, Johnson abandoned his attempted flight, stopped his vehicle, and was arrested.

         ¶4. On September 29, 2014, Johnson was indicted as a habitual offender on one count of fleeing in a motor vehicle from a law-enforcement officer in violation of Mississippi Code Annotated section 97-9-72(2) (Rev. 2014). On December 16, 2015, a jury trial was held, and Johnson was found guilty and sentenced as a habitual offender to five years' incarceration in the custody of the MDOC. Johnson moved for a judgment notwithstanding the verdict or, in the alternative, a new trial, which was denied. Johnson appeals to this Court.

         DISCUSSION

         ¶5. On appeal, Johnson asserts the circuit court erred because (1) Officer Garvin had no probable cause for his stop of Johnson, and (2) it denied his lesser-included-offense instruction when the evidence supported a ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.