Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Johnson v. State

Although the evidence was insufficient to support the defendant's sentence on a felony conviction for fleeing or attempting to elude a police officer, the evidence supported the defendant's conviction on a misdemeanor offense of fleeing or attempting to elude a police officer as well his conviction for leaving the scene of an accident.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Joe Johnson appeals his convictions for felony fleeing or attempting to elude a police officer1 and leaving the scene of an accident,2 arising from an offense that took place on October 22, 2011.3 He contends that the evidence was insufficient, that the trial court plainly erred in instructing the jury on felony fleeing or attempting to elude a police officer, and that his trial counsel was ineffective in failing to object to the jury charge. We find the evidence sufficient to support the guilty verdict as to fleeing or attempting to elude a police officer and leaving the scene of an accident; however, because there was insufficient evidence showing that Johnson was attempting to escape arrest for a non-traffic offense, we vacate Johnson’s felony fleeing or attempting to elude sentence and remand the case with direction that a conviction and sentence be entered for a misdemeanor offense of fleeing or attempting to elude a police officer.

1. Johnson complains that the evidence was insufficient to authorize his convictions for felony fleeing and leaving the scene of an accident because neither the accident victim nor the officer identified in the indictment was able to identify him and there was no evidence that Johnson fled police to escape arrest for any offense.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
The National Law Journal Legal Awards 2024
October 24, 2024
Georgetown, Washington D.C.

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.


Learn More
New Jersey Legal Awards 2024
October 29, 2024
East Brunswick, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.


Learn More
Credit Union Times Luminaries Awards 2024
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More
Go to Events Go to Webcasts
Seattle, WA- Corporate Associate

With bold growth in recent years, Fox Rothschild brings together 1,000 attorneys coast to coast. We offer the reach and resources of a natio...


Apply Now ›
Technology Attorney (Remote)

About Us:Monjur.com is a leading provider of contracts-as-a-service for managed service providers, offering tailored solutions to streamline...


Apply Now ›
Litigation Associate

Dynamic Boutique law firm with offices in NYC, Westchester County and Dutchess County, is seeking a mid level litigation associate to work ...


Apply Now ›
Go to Lawjobs