Johnson v. State
| Docket Number: | 2010-KA-01991-COA Linked Case(s): 2010-KA-01991-COA ; 2010-CT-01991-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-29-2011 Opinion Author: Russell, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Burglary - Sufficiency of evidence - Juror misconduct - M.R.E. 606(b) Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Non Participating Judge(s): Myers, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 09-09-2010 Appealed from: Harrison County Circuit Court Judge: Lisa P. Dodson Disposition: CONVICTED OF BURGLARY AND SENTENCED TO SEVEN YEARS, WITH SIX YEARS SUSPENDED AND ONE YEAR TO SERVE, IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Cono A. Caranna, II Case Number: B-2401-09-655 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Scott James Johnson |
W. DANIEL HINCHCLIFF
LESLIE S. LEE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LADONNA C. HOLLAND |
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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: | Burglary - Sufficiency of evidence - Juror misconduct - M.R.E. 606(b) |
| Summary of the Facts: | Scott Johnson was convicted of burglary and sentenced to seven years, with six years suspended and one year to serve. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Johnson argues that the State failed to prove there were items of value inside the truck and that the State failed to prove the element of intent. An inference of the intent to steal may arise from proof of the breaking and entering. Further, intent is an emotional operation of the mind, and it is usually shown by acts and declarations of the defendant coupled with facts and circumstances surrounding him at the time. Considering the evidence in the light most favorable to the prosecution, there was sufficient evidence in this case on the intent element to convict Johnson of burglary because Johnson’s intent could be inferred from his behavior immediately prior to his arrest. It is undisputed Johnson broke into and entered the victim’s truck. Furthermore, Johnson was observed hiding in bushes at nighttime, and he attempted to open the door of at least one other vehicle, which was locked, before entering the truck. The police officer testified that he observed miscellaneous work papers inside the truck. The owner of the truck testified that the key to his boat was in the glove box that night and that he usually kept tools and paperwork inside the truck for his lawn-care and carpentry jobs. He further testified he uses the truck as a work truck. Based on the evidence, the jury could have reasonably inferred that the truck contained equipment or valuable things kept for use. Issue 2: Juror misconduct Johnson argues that the verdict was improper due to jury misconduct. There is nothing in the record that indicates there was any extraneous prejudicial information that was improperly brought to the jury’s attention or any outside influence that was improperly brought to bear upon any juror under M.R.E. 606(b). Johnson alleges that a juror told Johnson’s attorney that he and one other juror initially intended to vote “not guilty,” but they changed their vote to “guilty” in order to avoid additional deliberation time. However, when this juror was called to testify at a post-trial hearing on the matter, the juror denied making any such statement. |
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