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Johnson v. State

The bank teller's testimony regarding the defendant's threats and actions supported his armed robbery conviction, despite the fact that she never saw a weapon.

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Carl Desmond Johnson appeals after a Gwinnett County jury convicted him of the offense of armed robbery. Johnson argues that the trial court erred in not allowing him to introduce evidence that he had pled guilty to robbery by intimidation in connection with two other robberies in DeKalb County, as support for his defense that he did not have a gun in the Gwinnett County robbery. He also asserts that the evidence was insufficient to support his conviction. We affirm for the reasons set forth below.

Viewed in the light most favorable to the verdict,1 the evidence at trial showed that Ann Kelley was working as a bank teller in Norcross on June 26, 2010, when Johnson2 came to her window and handed her a note stating, “This is not a game.” He was wearing loose fitting clothes, sunglasses, and a baseball cap, and he was talking on his cell phone, while at the same time talking to Kelley. Johnson was very specific about the denominations he wanted, and, placing his hand on his hip, he told Kelley to look forward, and not to look at anyone else, or she would be shot. Johnson kept urging Kelley to “hurry up.” Kelley never saw a gun, but the t-shirt Johnson was wearing was long and extended below where he had placed his hand. From Johnson’s verbal threat and the way he was standing, Kelley thought she was going to be shot if she did not hurry and give him the money. Kelley demonstrated for the jury how Johnson was standing that day. After she put money in the bag Johnson handed her, he left the bank.

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