JOHNSON v. STATE
| Docket Number: | 2010-KA-01978-COA Linked Case(s): 2010-KA-01978-COA ; 2010-CT-01978-SCT ; 2010-KA-01978-COA ; 2010-CT-01978-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-05-2013 Opinion Author: Ishee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Possession of methamphetamine, Possession of precursor chemicals & False pretense - Admission of search warrants - M.R.E. 404(b) - Jury instruction - Admission of statements Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton and Fair, JJ. Non Participating Judge(s): James, J. Concur in Part, Concur in Result 1: Maxwell, J., Concurs in Part and in the Result Without Separate Written Opinion Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 11-30-2010 Appealed from: Neshoba County Circuit Court Judge: Marcus D. Gordon Disposition: CONVICTED OF COUNT I, POSSESSION OF METHAMPHETAMINE; COUNT II, POSSESSION OF PRECURSOR MATERIALS; AND COUNT III, FALSE PRETENSE, AND SENTENCED TO ONE YEAR FOR COUNT I, FIFTEEN YEARS AND A $5,000 FINE FOR COUNT II, AND TWO YEARS FOR COUNT III, WITH THE SENTENCE IN COUNT I TO RUN CONSECUTIVELY TO THE SENTENCE IN COUNT II AND THE SENTENCE IN COUNT III TO RUN CONCURRENTLY WITH THE SENTENCES IN COUNT I AND COUNT II, WITH THREE YEARS SUSPENDED AND FIVE YEARS OF POSTRELEASE SUPERVISION, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Mark Sheldon Duncan |
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| Party Name: | Attorney Name: | |||
| Appellant: | Angela Denise Johnson a/k/a Angela Johnson |
CYNTHIA ANN STEWART
CHRISTOPHER A. COLLINS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE |
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| Topic: | Possession of methamphetamine, Possession of precursor chemicals & False pretense - Admission of search warrants - M.R.E. 404(b) - Jury instruction - Admission of statements |
| Summary of the Facts: | Angela Johnson was convicted of Count I, possession of methamphetamine; Count II, possession of precursor chemicals; and Count III, false pretense. She was sentenced to one year for Count I, fifteen years and a $5,000 fine for Count II, and two years for Count III, with three years suspended and five years of post-release supervision. She appeals. |
| Summary of Opinion Analysis: | Issue 1: Admission of search warrants During the testimony of a police officer, two search warrants and the underlying affidavit were entered into evidence. Johnson argues that this was error, because it allowed the informant to testify about hearsay, it violated her right to confront the witness, it was inadmissible evidence under M.R.E. 404(b), and it allowed the officer to vouch for the informant’s credibility. This issue is procedurally barred, because defense counsel did not object on these grounds at trial. Issue 2: Jury instruction Johnson argues the jury instruction for possession of precursor chemicals was erroneous, because it did not require the jurors to be unanimous as to which precursor or precursors they found Johnson to have possessed. Because her attorney failed to object to the jury instruction as written, the issue is barred from review. Issue 3: Admission of statements Johnson argues that her written statements should have been excluded because they were involuntary. The State meets its burden of proving the voluntariness of the confession by testimony of an officer, or someone else with knowledge of the facts, that the confession was voluntarily made without any threats, coercion, or offer of reward. In this case, Johnson’s attorney did not file a motion to suppress and declined to make a final argument at the end of the suppression hearing. Thus, the issue is procedurally barred. |
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