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

October 30, 2018

CHRISTOPHER JOHNSON APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 05/08/2017

          BOLIVAR COUNTY CIRCUIT COURT, SECOND JUDICIAL DISTRICT HON. ALBERT B. SMITH III TRIAL JUDGE

          ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: HUNTER NOLAN AIKENS

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS

          DISTRICT ATTORNEY: BRENDA FAY MITCHELL

          BEFORE IRVING, P.J., CARLTON AND GREENLEE, JJ.

          GREENLEE, J.

         FOR THE COURT:

         ¶1. Christopher Johnson challenges his convictions for burglary of a dwelling, aggravated assault, and possession of a firearm by a convicted felon. The Bolivar County Circuit Court sentenced him to concurrent terms of twenty-five years for burglary, twenty years for aggravated assault, and ten years for possession by a felon in the custody of the Mississippi Department of Corrections. As a habitual offender under section 99-19-81 of the Mississippi Code Annotated (Rev. 2015), he received the maximum sentence.

         ¶2. Johnson moved for a judgment notwithstanding the verdict (JNOV) or, in the alternative, a new trial. The circuit court denied his motion, and Johnson appeals.

         ¶3. He asserts that evidence is insufficient to support: (1) his identity as the culprit; (2) his conviction for aggravated assault; and (3) his conviction for firearm possession by a felon. He also argues that (4) the verdicts were against the overwhelming weight of the evidence. We affirm the circuit court's judgment.

         FACTS AND PROCEDURAL HISTORY

         ¶4. Jarvette Brown returned from her lunch to finish cleaning a neighbor's home in the delta town of Alligator, Mississippi. Someone had entered the home during Brown's brief absence. Brown promptly noticed things were amiss: the door was open, the dog was barking, a Crown Royal bag heaping with cash was on the table, and an unfamiliar coat was draped on a nearby chair. (The homeowner later found two of his guns missing.) A man emerged from a back room, wearing black clothes and a black bandana. Brown reproached him, but the man aimed a "long gun" at her and ordered her to "[h]old it."

         ¶5. Brown then heard the gun click. She disregarded the man's orders and dashed for the door. As she ran, she stopped a passing car and frantically asked its driver to call the police.

         ¶6. Police officers arrived about a half-hour later. They soon located an unarmed man who matched the description that Brown gave and approached him on the street. The man evaded the officers and raced into a nearby home. Brown stood ...


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.