Johnson v. State
| Docket Number: | 2005-KA-02261-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 03-01-2007 Opinion Author: Randolph, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Sale of cocaine - Sufficiency of evidence - M.R.E. 602 - M.R.E. 607 - Cruel and unusual punishment Concurs in Result Only: Graves, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 11-29-2005 Appealed from: Copiah County Circuit Court Judge: Lamar Pickard Disposition: Johnson was found guilty of the sale of cocaine. District Attorney: Alexander C. Martin Case Number: 2005-0175-CR |
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| Party Name: | Attorney Name: | |||
| Appellant: | Christopher Johnson a/k/a Chris Johnson |
M. A. BASS, JR. |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL |
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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: | Sale of cocaine - Sufficiency of evidence - M.R.E. 602 - M.R.E. 607 - Cruel and unusual punishment |
| Summary of the Facts: | Christopher Johnson was found guilty of the sale of cocaine. The court sentenced Johnson to thirty years, with eighteen years to serve, twelve years suspended, with post-release supervision for five years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Johnson argues that the witnesses testifying against him were not credible and that the State failed to prove beyond a reasonable doubt that he was the person who sold the cocaine. The testimony of the agent and the confidential informant was admissible pursuant to M.R.E. 602, as they had personal knowledge of the matters to which they testified. Furthermore, the credibility of these witnesses could have been attacked at trial under M.R.E. 607. The evidence at trial include the tape of the transaction, the testimony of two agents, a drug analyst from the Mississippi Crime Laboratory, and the confidential informant. None of the facts or inferences suggested by Johnson on any element of the offense was such that jurors could not have found him guilty beyond a reasonable doubt. Issue 1: Cruel and unusual punishment Johnson argues that the “eighteen years to serve” provision of his sentence is tantamount to a life sentence, considering he is only twenty years of age. The sentence imposed by the trial court was within the statutory limitation and was within the sound discretion of the trial judge. A maximum penalty in a drug case has never been found to be cruel and unusual punishment. |
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