Johnson v. State
| Docket Number: | 2009-KA-01411-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 09-23-2010 Opinion Author: Pierce, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Armed robbery - Elements instruction - Section 97-37-37 Judge(s) Concurring: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Kitchens and Chandler, JJ. Concur in Part, Concur in Result 1: Graves, P.J., and Lamar, J., Concur in Part and in 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: 08-11-2009 Appealed from: Coahoma County Circuit Court Judge: Charles E. Webster Disposition: Conviction of armed robbery with firearm enhancement and sentence of seven (7) years in the custody of the Mississippi Department of Corrections with four (4) years of said sentence being suspended, with conditions. The appellant is being placed on supervised probation for a period of four (4) years after he has served three (3) years. Appellant is sentenced to serve an additional term of five (5) years pursuant to the firearm enhancement, to run consecutively to previous sentence. The sentences imposed in this cause shall run consecutive to any and all sentences previously imposed. District Attorney: Laurence Y. Mellen Case Number: 2009-0008 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Laharrison Johnson |
OFFICE OF INDIGENT APPEALS: W. DANIEL HINCHCLIFF, LESLIE S. LEE, DAVID LYDELL TISDELL |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS | ||
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: | Armed robbery - Elements instruction - Section 97-37-37 |
| Summary of the Facts: | Laharrison Johnson was convicted of armed robbery and given an enhanced penalty for his use of a firearm during the commission of a felony. He appeals. |
| Summary of Opinion Analysis: | Johnson argues that the circuit court erred in failing to have the jury determine whether the defendant used a firearm during the commission of an armed robbery as a prerequisite for finding that the enhanced penalty was appropriate. It is well-established that failure to raise an issue at trial procedurally bars review on appeal. Johnson did not present the issue he now raises on appeal to the trial court during the discussion regarding jury instructions, nor did he raise the issue at the sentencing hearing. Further, Johnson did not raise the issue in his motion for judgment notwithstanding the verdict. Thus, Johnson is procedurally barred from bringing this issue for the first time on appeal. In addition, it is without merit. An instruction adequately informed the jury of the essential elements of armed robbery. The jury found, beyond a reasonable doubt, that Johnson used a “deadly weapon, to-wit; a pistol” during the robbery of the victim. This finding naturally satisfies every essential element of section 97-37-37. |
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