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Johnson v. State

Because the defendant's felony murder charge was predicated on the felony of possession of a firearm by a convicted felon, the trial court erred in sentencing him on the firearm possession charge.

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Appellant Floydzell Michael Johnson was convicted and sentenced for felony murder and possession of a firearm by a convicted felon in connection with the shooting death of J. B. Melton, IV.1 He appeals, asserting, inter alia, a number of traverse jurors were excused from service without making a proper showing of good cause. We affirm the trial court’s judgment in part and vacate in part.

1. Viewing the evidence in a light most favorable to the verdict, as we are bound to do, we find the following: There was bad blood between the victim and appellant’s girlfriend who believed the victim had attacked and injured her son. On the day in question, appellant and appellant’s girlfriend came upon the victim as he drove through town. They stalked and harassed the victim throughout much of the day. At one point, appellant, a convicted felon, made a stop to purchase a shotgun. Later, appellant and his girlfriend observed the victim’s wife and her mother drive up to meet with the victim. Appellant’s girlfriend attacked the victim’s wife; the women fought and fell into the tonneau of the wife’s car. Appellant’s girlfriend pulled a knife and appellant retrieved his newly purchased shotgun from the bed of his truck. Appellant fired a warning shot in the air. The victim asked appellant what he was doing with a gun and said “Let’s just don’t do this” as he backed away. Appellant fatally shot the victim in the chest and fled. Appellant turned himself in to police the next day, claiming he shot the victim in self-defense.

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