OF JUDGMENT: 01/05/2018
LEFLORE COUNTY CIRCUIT COURT HON. CAROL L. WHITE-RICHARD
ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY:
MOLLIE MARIE McMILLIN
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
LAURA HOGAN TEDDER
DISTRICT ATTORNEY: WILLIE DEWAYNE RICHARDSON
J. WILSON, P.J., TINDELL AND LAWRENCE, JJ.
Roscoe Johnson was indicted for sexual battery in accordance
with Mississippi Code Annotated section 97-3-95(2) (Rev.
2014). On December 11, 2017, a Leflore County jury found
Johnson guilty as charged. The circuit court sentenced
Johnson to fifteen years in the custody of the Mississippi
Department of Corrections (MDOC), with five years suspended
and ten years to serve, followed by five years of
post-release supervision. In this direct appeal, Johnson
argues that his counsel was ineffective at trial. The present
record before us is insufficient to address the claim;
therefore, we decline to address the merits without prejudice
and affirm the verdict and sentence.
Until December 2015, Roscoe Johnson lived with his wife,
Calanthia, and her two grandchildren, SM and
Calanthia worked for the local hospital, which meant Johnson
was responsible for the children's care after school. CD
testified that, in August 2015, Johnson began to touch her
inappropriately. CD described five separate instances of
abuse involving Johnson. All five occurred in August 2015. At
the time of the abuse, CD was sixteen years old.
CD testified that Johnson began touching her buttocks on the
outside of her clothing while she was in the kitchen of their
home. After CD told Johnson not to touch her, he stopped. Two
days after the first incident, Johnson again grabbed CD on
her buttocks. During this instance, Johnson told CD to
"[not] tell [her] grandmother that [he] did it."
The abuse then progressed to Johnson touching CD in her
"front area," which she later identified as her
vagina. CD was standing up in the living room when Johnson
approached her and put his hands inside of her clothes and
started to insert his finger into her vagina. Johnson told CD
he "wanted to make [her] feel good." CD testified
that she moved his hand and told him again not to touch her.
She then went to her bedroom.
About a day after the third incident, Johnson dragged CD from
the living room into his bedroom when she arrived home from
school. CD tried to resist and grabbed the doorway, but
Johnson pulled her inside. CD again tried to resist
Johnson's advances by falling on the floor, but Johnson
continued to drag her once she fell. Johnson then closed the
door to the bedroom. CD ran to the other side of the room but
could not escape. Johnson pushed her onto the bed and took
off her pants and underwear. He then took off his own pants
and underwear. Johnson assaulted CD by licking her vagina and
attempting to insert his penis into her vagina and anus but
was unsuccessful. CD testified that Johnson told her again
that he wanted to make her feel good and to not tell her
grandmother "because it will ruin [their]
marriage." CD escaped by kicking Johnson in his penis.
The final alleged incident was similar to when Johnson had
previously dragged CD into his bedroom. This time, however,
CD testified that Johnson showed her a pornographic video and
again tried to put his penis in her vagina and anus after
performing oral sex on the minor child. This fifth encounter
ended with CD telling Johnson "[y]ou can't keep
doing this to me. You're my grandfather. I'm suppose
to look up to you. You're suppose to take care of me, not
hurt me." After that, Johnson stopped abusing CD.
The record indicates that around the time of the abuse,
Johnson was drinking excessively and using crack cocaine.
Johnson testified at trial that CD had fabricated the abuse
because she was angry that Johnson disciplined her for
flirting with boys and for sending lewd text messages ...