Johnson v. State
| Docket Number: | 2007-KA-00901-COA Linked Case(s): 2007-KA-00901-COA ; 2007-CT-00901-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-20-2008 Opinion Author: MYERS, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Burglary of dwelling & Attempted rape - Prior sexual misconduct - M.R.E. 404(b) - M.R.E. 403 Judge(s) Concurring: KING, C.J., LEE, P.J., CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Concurs in Result Only: IRVING, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 11-28-2006 Appealed from: Carroll County Circuit Court Judge: Joseph H. Loper Disposition: CONVICTED OF COUNT I - BURGLARY OF A DWELLING AND SENTENCED TO SERVE A TERM OF TWENTY-FIVE YEARS; COUNT II - ATTEMPTED RAPE AND SENTENCED TO SERVE A TERM OF TEN YEARS WITH FIVE YEARS SUSPENDED AND FIVE YEARS TO SERVE WITH SENTENCE IN COUNT II TO RUN CONSECUTIVELY WITH SENTENCE IMPOSED IN COUNT I AND FIVE YEARS POST-RELEASE SUPERVISION, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Doug Evans Case Number: 2006-0027-CR-1 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | CARL BRYAN JOHNSON |
GLENN S. SWARTZFAGER |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Burglary of dwelling & Attempted rape - Prior sexual misconduct - M.R.E. 404(b) - M.R.E. 403 |
| Summary of the Facts: | Carl Johnson was convicted of burglary of a dwelling and attempted rape. He appeals. |
| Summary of Opinion Analysis: | Johnson argues it was reversible error for the circuit court to allow testimony about his alleged prior misconduct involving his self-gratification in public. The State argues that the evidence of the prior sexual misconduct was admissible under M.R.E. 404(b) as part of the res gestae of the crime charged or a relevant preliminary act to the crime charged and as evidence showing his motive, plan, intent, and state of mind. Furthermore, the State argues that Johnson’s prior act sheds light upon his motive for the commission of the crime charged, as well as his intent and state of mind and body during this time. Here, the circuit court noted that Johnson’s act in public earlier that day was very close in time to the attack and attempted rape of the victim and that the testimony regarding Johnson’s masturbation a few hours before the attack on the victim was highly probative and much more probative than prejudicial. Johnson was not unduly prejudiced by the admission of his prior misconduct in light of all the evidence produced against him at trial. |
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