OF JUDGMENT: 04/11/2016
COUNTY CIRCUIT COURT HON. SMITH MURPHEY JUDGE
ATTORNEYS: JAMES STEPHEN HALE, JR. DAVID L. WALKER JOHN W.
ATTORNEY FOR APPELLANT: GRETA REGINA BALLARD
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, LAURA
DICKINSON, P.J., COLEMAN AND BEAM, JJ.
DICKINSON, PRESIDING JUSTICE
Nicholas Johnson appeals his convictions of burglary and
attempted armed robbery, claiming the State presented
insufficient evidence to identify him as the perpetrator and
that the jury found he was the perpetrator contrary to the
overwhelming weight of the evidence. Because three witnesses
identified Johnson with absolute certainty, we affirm.
AND PROCEDURAL HISTORY
Around 1:30 a.m. on May 29, 2015, 72-year-old Betty Kate Lee
was in her home on Hoskins Road in Batesville when she heard
someone enter her house. Soon after she heard the noise, a
man stood in front of her holding a knife. The man grabbed
her pajama shirt and told her to turn over. She responded
stating "You can't rape me. I'm on my
period." The man then demanded money, and Lee offered
four dollars she had in her drawer. He demanded more, but she
told him it was all she had. Then, when Lee told the
perpetrator that her grandson, Vernon, would kill him, the
man fled the home apologizing and threatening to come back if
Lee called the police.
Joel Johnson was visiting a different home on Hoskins Road
that day. Between 1:30 and 2:00 a.m., Johnson was getting in
his truck to leave when he saw a man walk out from behind
Linda Dandridge's home, which sits immediately in front
of Lee's home. Joel observed the man walk up the steps to
Dandridge's front porch, but when the man saw Joel
watching, he turned and left. Joel called out
"Nick" to the man, and the man fled toward Nicholas
Johnson's home further down the street.
Later, Tarance Winfield-Linda Dandridge's son-was
standing outside his mother's home after police had
responded. Nicholas Johnson came to Tarance and asked what
was going on. Tarance responded that someone had been
breaking into houses, and that his mother's security
camera caught the man on tape. Nicholas was shocked when he
heard about the camera and returned to his house.
On July 8, 2015, a grand jury indicted Nicholas Johnson on
two counts of burglary, one count of attempted rape, and one
count of attempted armed robbery. At trial, most of the
testimony centered on the intruder's identity.
Lee never saw the man's face because it was covered with
a bandana. But at trial, she described the intruder's
appearance-a tall and skinny man wearing a blue bandana, blue
clothes, black leather shoes, and a cap-and she ...