Johnson v. State
309 Ga. App. 655
| Ga. Ct. App. | 2011Background
- Johnson, self-represented at trial, was convicted of armed robbery, hijacking a motor vehicle, kidnapping, false imprisonment, and possession of a firearm during the commission of a crime.
- The victim, Whitney Jones, was delivering pizzas when a man and a woman with guns took pizzas and forced her to a basement storage area, taking her car keys and money bag and moving items into the storage unit.
- Jones identified Johnson from a nearby Shell station videotape and again in a photographic lineup and at trial as the robber.
- Amber Josey testified that she and Johnson planned the robbery, used a Shell credit card, and that they stored Jones's belongings in a storage area after the robbery.
- Police later recovered Jones's car with Johnson's fingerprints on 19 occasions; the State conceded BB guns could not support a firearm-during-crime charge, leading to reversal of that conviction while other convictions stood.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of firearm charge | Johnson lacked a firearm; BB gun cannot support the charge. | Evidence showed firearm presence during the crime. | Firearm charge reversed; insufficient evidence. |
| Closing argument duration | Trial court erred by limiting closing to one hour despite capital crime. | One hour was sufficient; defense failed to show prejudice. | No reversible error; denial of extra hour not shown to prejudice. |
| Jury instruction on hijacking | Charge allowed conviction by methods not charged in indictment. | Instruction aligned with statute and evidence; indictment referenced intimidation. | No reasonable possibility of conviction on uncharged method; instruction proper. |
Key Cases Cited
- Fields v. State, 216 Ga.App. 184 (Ga. Ct. App. 1995) (BB gun cannot support firearm-during-crime conviction)
- Agee v. State, 279 Ga. 774 (Ga. 2005) (closing argument rights and harm presumptions on error)
- Hardeman v. State, 281 Ga. 220 (Ga. 2006) (one-hour closing argument sufficiency and tailored presentation)
- Goss v. State, 289 Ga.App. 734 (Ga. Ct. App. 2008) (limitation on jury instruction when indictment covers multiple methods)