Johnson v. State
| Docket Number: | 2003-KA-00880-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-21-2004 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Felony shoplifting - Identification of defendant Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler and Barnes, JJ. Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 03-13-2003 Appealed from: Neshoba County Circuit Court Judge: Marcus D. Gordon Disposition: FELONY SHOPLIFTING - SENTENCED TO SERVE A TERM OF 4 & ½ YEARS IN THE CUSTODY OF MDOC. District Attorney: Mark Sheldon Duncan Case Number: 03-CR-0014-NS-G |
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| Party Name: | Attorney Name: | |||
| Appellant: | Johnny Johnson |
EDMUND J. PHILLIPS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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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: | Felony shoplifting - Identification of defendant |
| Summary of the Facts: | Johnny Johnson was convicted of felony shoplifting and sentenced to four and one half years. He appeals. |
| Summary of Opinion Analysis: | Johnson argues that the court erred in denying his motions to suppress the identifications of Johnson as the shoplifter made by two witnesses, because the identifications were procured by the police officer showing the witnesses a single photograph, rather than an array of photographs. In evaluating the substantial likelihood of an irreparable misidentification, the court should consider the opportunity of the witness to view the criminal at the time of the crime; the witness' degree of attention; the accuracy of the witness' prior description of the criminal; the level of certainty exhibited by the witness at the confrontation; and the time between the crime and the confrontation. The witnesses testified that Johnson was inside the store for approximately fifteen minutes before he fled with the stolen clothing. This was ample opportunity for the witnesses to observe Johnson. Both testified that they recognized him when he entered the store. They gave an accurate description of Johnson to those who assisted in the pursuit. They testified that they identified Johnson as the shoplifter based on their familiarity with him rather than because his was the only photograph shown to them by the police. Under the totality of the circumstances, there was far from a substantial likelihood of irreparable misidentification. Therefore, the court did not err in allowing the in-court identification of Johnson. |
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