Yaseen Asabur Johnson v. State
A21A0119
| Ga. Ct. App. | Jun 24, 2021Background
- On April 18, 2018, late evening, a Ford Focus collided with Jacqueline Harper’s parked car; the Focus was heavily damaged and had to be towed. Two men exited the Focus and ran from the scene.
- Harper (who had her children in the car earlier) was at the vehicle and sustained a finger injury when the impact moved her car into a pole; she later identified Yaseen Johnson in court as the driver.
- An officer found Johnson’s work ID and a .25 caliber handgun in the Ford’s driver area and a cellphone in the floorboard; the officer prepared an arrest warrant and learned from databases that Johnson was unlicensed.
- The State introduced certified copies of prior convictions and a certified DDS driving history showing Johnson’s license status as “not licensed”/“suspension.”
- A jury convicted Johnson of possession of a firearm by a convicted felon, failure to stop at an accident, and driving without a license; Johnson moved for a new trial and appealed, arguing insufficiency on the hit‑and‑run, improper admission of the driving record (and ineffective assistance), and unsupported restitution.
Issues
| Issue | Johnson's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for failure to stop at an accident (OCGA § 40‑6‑270) | Evidence did not show the other vehicle was attended or that Johnson knew it was attended before leaving. | Harper was touching her car at the time of impact, crash was severe, and Johnson fled—circumstances a reasonable person would recognize as an accident requiring stoppage. | Affirmed — testimony that Harper was touching the car and the severity of the crash supported a finding the vehicle was attended and that a reasonable person would have known to stop. |
| Admission of certified DDS driving history (hearsay/authentication) and ineffective assistance claim | Driving history was hearsay and not properly authenticated; alternatively, counsel was ineffective for failing to properly object. | The driving history bore the DDS custodian’s certification and met the statutory foundation (former OCGA § 24‑3‑17 / OCGA § 24‑9‑924); any objection was meritless. | Affirmed — certified DDS record was admissible without additional testimony; ineffective‑assistance claim fails. |
| Restitution order related to the hit‑and‑run conviction | Trial court ordered restitution without sufficient evidence and/or authority to impose restitution for leaving the scene. | State sought $1,000 based on Harper’s testimony; trial court initially left the record open for restitution. | Reversed in part — the sentencing record shows no final restitution order but the court is not authorized to award restitution for conviction of leaving the scene; appellate relief as to restitution warranted. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency review under Jackson v. Virginia)
- State v. Sevostiyanova, 313 Ga. App. 729 (explains knowledge element and attended‑vehicle analysis under OCGA § 40‑6‑270)
- Allman v. State, 258 Ga. App. 792 (concerning admissibility of certified DPS/DDS records)
- Hann v. State, 292 Ga. App. 719 (admission of certified driver history under former OCGA § 24‑3‑17)
- Buckley v. State, 246 Ga. App. 342 (reversing where foundation for GCIC/DDS printout was not established)
- Zipperer v. State, 299 Ga. App. 792 (holding restitution cannot be awarded for damages not caused by the offense of failure to stop)